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2014 Supreme(Gau) 1013

UJJAL BHUYAN
Kameng Dolo – Appellant
Versus
Atum Welly – Respondent


For the Appellant :P.K. Tiwari, D. Mazumdar, Sr. Advocates and R.J. Das
For the Respondents: A. Kashyap and S.K. Deori

Ujjal Bhuyan, J.:-

This application has been -filed by the applicant/respondent Sri Kameng Dolo under Order 6 read with Order 7 Rule 11 and Section 151 of the Code of Civil Procedure, 1908 for dismissal of the election petition on the ground of failure to cull out proper cause of action. The, election petition has been filed by the opposite party/election petitioner for declaring the ejection, of the respondent from 12 Pakke-Kessang (ST) Legislative Assembly Constituency in the State of Arunachal Pradesh as void under Section 98(b) read with Section 100(1)(d)(iv) of the Representation of People Act, 1951 (Act).

2. The case as projected in the election petition is that a general notification was issued on 15.3.2014 notifying holding of general election for constituting a new legislative assembly of the State of Arunachal Pradesh. Schedule declared was as follows:--

3. Election petitioner was nominated by the Bharatiya Janata Party (BJP) as its candidate for 12 Pakke-Kessang(ST) Legislative Assembly Constituency. Respondent (applicant herein) was nominated by the Indian National Congress(INC) party as its candidate for the said constituency. No other candidate filed nomination paper for











































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