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2012 Supreme(Gau) 1255
IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
P.K. Musahary, J.
Takam Sorang – Appellants
Vs.
Markio Tado & Ors. – Respondent
E.P. No. 1 (AP) of 2009 Renumbered as E.P. 01 of 2012
Decided On: 12.11.2012
For Appellant/Petitioner/Plaintiff: Mr. B.L. Singh, Mr. G. Kato, Mr. I.H. Laskar & Mr. P.K. Deka
For Respondents/Defendant: Mr. M. Pertin, Mr. M. Sarania, Mr. T. Lariak, Mr. C. Modi, Mr. K. Dabi, Ms. K. Bagra & Mr. R. Pait
Headnote:
Representation of Peoples Act, 1951 - Section 80-A - Constitution of India,, 1950 - Article 327(B) – Election – Voting – Selection process - Petitioner was nominated by the Indian National Congress Party (INC) for contesting the election from the said constituency - Respondent No. 1 was nominated by the Peoples Party of Arunachal Pradesh (PPA in short) - Alleges that on the day of poll workers of PPA candidate (respondent No. 1), with his consent committed election offence by capturing booths in 8 polling stations under the Tali Circle - In 7-Roing Polling Station under Tali Circle no election was held on as polling team with Electronic Voting Machines (EVM in short) was kidnapped by PPA workers headed by Sri Gichik Kiogi Thaji on the night - Held, Law is applied, all the tainted votes (corresponding to votes cast by persons whose signatures and finger prints appearing on Form 17-A are questioned as per opinion of the C.Ws. 2 and 3), received by respondent No. 1 by means of corrupt practice, are liable to be excluded in computation of total votes and the respondent No. 1 would be rendered second highest vote recipient and his election is liable to be set aside and in his place election petitioner must be declared elected to No. 20-Tali (ST) Assembly Constituency - It is hereby declared that the election of respondent No. 1 to No. 20-Tali (ST) Assembly Constituency, Arunachal Pradesh is void - It is further declared that petitioner has been duly elected to 20- Tali (ST) Assembly Constituency in election held - Election petition is allowed.
P.K. Musahary, J.
1. This election petition has been filed under Section 80-A of the Representation of Peoples Act, 1951 read with Article 327(B) of the Constitution of India challenging the election of the respondent No. 1 to the Arunachal Pradesh State Legislative Assembly from 20- Tali (ST) Constituency. The petitioner was nominated by the Indian National Congress Party (INC) for contesting the election from the said constituency. The respondent No. 1 was nominated by the Peoples Party of Arunachal Pradesh (PPA in short). The election petitioner and the respondent No. 1 were the only two candidates in the fray. The total votes polled, polling station-wise, constituency and party-wise in two circles of the said constituency are as follows:
A. under Tali Circle:
Sl. No. Name of Polling Stations INC PPA
1 Giba 40 373
2 Guchi 12 289
3 Gimba 76 128
4 Dotte 1 204
5 Tungmar 53 347
6 Roing 3 697
7 Lengi-Yarda 72 300
8 Homi 112 337
9 Tali HQ 185 416
10 Ruhi 1 1196
Total 555 4287
B. Pipsorang Circle:
Sl. No. Name of Polling Stations INC PPA
1 Zara 335 7
2 Keba 346 1
3 Niobia 365 0
4 Karsang 62 87
5 Tedung 361 5
6 Pipsonrang HQ 73 64
7 Richik 42 357
8 Raha 146 234
9 Korapu 110 70
10 Lukbia 151 118
Total 1991 943
2546 5230
Postal ballot 2 33
Grand Total 548 5261
Grand Total (I+II) = INC-2548
PPA-5361
=7809
Heard Mr. B.L. Singh, learned counsel for the election petitioner and Mr. M. Pertin, learned counsel for the Respondents.
2. The petitioner alleges that on the day of poll the workers of the PPA candidate (respondent No. 1), with his consent committed election offence by capturing booths in 8 polling stations under the Tali Circle. In 7-Roing Polling Station under Tali Circle no election was held on 13.10.2009 as the polling team with Electronic Voting Machines (EVM in short) was kidnapped by the PPA workers headed by Sri Gichik Kiogi Thaji on the night of 12.10.2009. Sri Gianiu Tallo INC Polling agent of Roing polling station and Sri Tami Tayak, President of NSUI, Kurung Kumey District reported the incident on 13.10.2009 addressing letters to the Executive Magistrate, Tali requesting him to take necessary action. On the next day i.e. 14.10.2009 Sri Rigam Santana, General Secretary of Tali Block Congress Committee, Sri Tami Tayak, President NSUI Kurung Kumey, Shri Rigio Tashok, Shri Yukar Tara, President NSUI, Tali, Sri Tagio Yashok, ZPM, Tali jointly submitted a representation to the Assistant Returning Officer (ARO in short) about the said incident requesting him for repoll of 20- Tali (ST) Assembly Constituency. Sri Gichik Tago polling agent of 7-Roing Polling Station and Sri Gichik Tachu jointly submitted another representation to the said ARO on 13.10.2009 demanding repoll etc. Repoll was demanded as the genuine voters could hot exercise their franchise due to booth capturing. At 2-Ruhi Polling Station, as alleged in the election petition, some miscreants including Sri Markio Tado, PPA candidate himself indulged in booth capturing and single-handed casting of votes as a result of which the INC candidate (petitioner) was shown to have secured only one vote as against 1196 votes secured by the PPA candidate. The common voters were threatened to their lives by the miscreants of PPA candidate and not allowed to cast their votes. This incident was reported by the INC polling agent Sri Tamuk Talu of Tamuk Village to the ARO of 20- Tali (ST) constituency on 14.10.2009 demanding repoll. It is alleged that similar booth capturing took place at 5-Guchi polling station. The INC polling agent Sri Dangur Tadek reported the matter to the said ARO on 13.10.2009 demanding repoll and necessary action. The polling agents of 2-Ruhi and 7-Roing polling station jointly reported the incident of booth capturing to the said ARO in the aforesaid polling stations by addressing a representation dated 15.10.09. The petitioner himself also reported the said incident of booth capturing at the said polling station through fax messa
