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2011 Supreme(Gau) 1
GAUHATI HIGH COURT
A.C.Upadhyay, J.
Ngurangkaha -Appellant
Versus
State of Arunachal Pradesh & Ors. -Resopndent
W. P. (C) No. 22(AP) of 2010
Decided On : 01-01-2011
Petitioner:Mr.R.Sonar, Respondents: Ms.G.Deka, Mr.M.Batt & Mr.S.Tapin
Headnote:
Constitution of India, 1950 – Article 27 – Election – Offence of punishment - Facts leading to filing of this writ petition may be summarized, as follows petitioner is one of registered members All Arunachal Pradesh Priest Welfare Association - Terms Article of Bye Laws of association only registered members of association are eligible get nominated or elected to post executive members of association – Held, - Though is no law denying or debarring High Court from entering into disputed question of fact such disputed questions are required to be decided depending upon fact situation of each issue in case - If such disputed question can be decided on basis of documents affidavit there may not be occasion to refuse to decide such question of facts –When entire process of holding election including rejection nomination papers of petitioner is under challenge wherein several disputed question of facts are required to be answered by recording evidence in appropriate proceeding it would neither be appropriate nor possible for Court to decide such issues - When entire process holding election including rejection nomination papers of petitioner is challenge wherein several disputed question facts are required to be answered by recording evidence in appropriate proceeding, it would neither be appropriate nor possible for writ Court to decide such issues - Circumstances of case on basis which writ petition has been filed and relief claimed are all disputed question of facts - Order to decide question as to whether the respondent member of association or not and also to decide whether the petitioner was in fact registered member of association or not would require examination witnesses and production of documents in appropriate proceeding – Petition dismissed
The petitioner, by filing this writ petition, has challenged the rejection of the nomination paper filed by him to contest the post of President of All Arunachal Pradesh Abotani Nibu (Priest) Welfare Association (hereinafter referred in short as AAPANWA). The nomination paper filed by the petitioner was rejected at the time of scrutiny by the Returning Officer i.e. Additional Deputy Commissioner, Capital Complex, Naharlagun. The petitioner has prayed for a direction to conduct a fresh election for the post of President of All Arunachal Abutani Nibu (Priest) Welfare Association (AAPANWA).
2. I have heard Mr. R. Sonar, learned counsel appearing for the petitioner. Also heard Ms. G Deka, learned Additional Senior Government Advocate appearing on behalf of the respondent Nos. 1 and 2, Mr. M. Batt, learned counsel appearing for the respondent Nos. 3 and 4 as well as Mr. S. Tapin, learned counsel appearing on behalf of the respondent No. 5.
3. The facts, leading to the filing of this writ petition, may be summarized, as follows:
The petitioner is one of the registered members of All Arunachal Pradesh Abotani Nibu (Priest) Welfare Association (AAPANWA). In terms of Article 27 of the Bye-Laws of the association, only registered members of the association are eligible to get nominated or elected to the post of executive members of the association.
4. It is also stated on behalf of the petitioner that in pursuance of the judgment and order dated 17.03.2009, passed by this Court in WP (C) No. 346 (AP) of 2008, and subsequent order dated 12.06.2009 passed in MC [WP(Q] No. 65 of 2009 in WP(C) No. 346 (Arunachal Pradesh) of 2008, the Deputy Commissioner, Capital Complex, Naharlagun, initiated steps for holding fresh election of the association after consultation and with due notice to all the members of the association.
5. Accordingly, 20th January, 2010 was fixed for filing nomination papers, 21.01.2010 was fixed for scrutiny and 30.01.2010 was fixed for election of the members of the association and for declaration of the result, respectively.
6. The petitioner, being a member of the association, filed his nomination papers on 20.01.2010 to contest the post of President of the aforesaid association. Similarly, Sri Hari Taro, respondent No. 5 also filed his nomination paper to contest the post of the President of the Association. The petitioner alleged that the Additional Deputy Commissioner, Capital Complex, Naharlagun, who was acting as a Returning Officer, as per direction of this Court passed in WP (C) No. 346 (AP) of 2009, rejected the nomination paper of the petitioner most arbitrarily without assigning any reasons and without giving any opportunity of hearing.
7. The petitioner further alleged that the respondent authority accepted the nomination papers submitted by the respondent No. 5, Sri Hari Taro despite the fact that the private respondent No. 5 was neither a registered member of the association nor his name appeared in the list of registered members.
8. It is submitted on behalf of the petitioner that the date fixed for scrutiny of nomination papers, i.e. on 21.01.2010, the respondent No. 4, Additional Deputy Commissioner, Capital Complex, Naharlagun, rejected the nomination paper filed by the petitioner with an oblique motive to accommodate private respondent No. 5, in order to declare him (respondent No. 5) uncontested President of the aforesaid society.
9. After rejection of the nomination paper, the petitioner submitted representation before the Deputy Commissioner, Capital Complex, Naharlagun on 21.01.2010 for inclusion of his name as per the recommended membership submitted by the Deputy Commissioner of the concerned districts to allow the petitioner to contest the election.
However, the representation, so submitted by the petitioner, was rejected by the respondent authority.
10. Mr. M. Bart, learned counsel, who has entered appearance on behalf of the respondent No. 4, i.e., the Additional Deputy Commissioner
