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2017 Supreme(Gau) 744

AJIT BORTHAKUR
Chera Loma – Appellant
Versus
State Electricity Commission – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.D. Nair, Ms. Nikita Danggen, Mr. P. Sangeeta, Ms. A. Panor, Ms. O. Perme, T. Tatak, B. Gadi, D. Taggu and J. Lomi, Advocates.
For the Respondent:Mr. Ajin Apang, Senior Counsel, Standing Counsel (EC), Mr. Duge Soki, Addl. Sr. GA, Mr. Muk Pertin, Senior Counsel, Mr. Karyom Dabi, Mr. Chakter Gongo, Mr. Lissing Perme, Mr. Krishna Dubey, Mr. D. Tatak, Mr. H. Tayo and Mr. W. Sawin, Advocates.

JUDGMENT AND ORDER :

Ajit Borthakur, J.

Heard Mr. R.D. Nair, learned counsel for the petitioner.

Also heard Mr. Ajin Apang, learned senior counsel/standing counsel, for respondent State Election Commission, Arunachal Pradesh; Mr. Duge Soki, learned Addl. Seni or Government Advocate, for respondent No.2; and Mr. Muk Pertin, learned senior counsel, assisted by Mr. Karyom Dabi, learned counsel, appearing on behalf of private Respondent No. 3.

2. By this application under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of judgment & order, dated 16.11.2016, passed by the Arunachal Pradesh State Election Tribunal in Case No. PRET-06 of 2013, on the ground of arbitrariness and non-application of judicious mind.

3. According to the petitioner, a petition was filed by Respondent No. 3, herein, for quashing the election of the petitioner to the office of the Anchal Samiti Member ('ASM', for short), under 46 - Dadang Anchal Samiti ('46-DAS', for short) on the ground that the petitioner was improperly declared elected unopposed due to Respondent No. 2's rejection of his nomination on the ground of double enrolment. It was an admitted position that





































































































































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