Ujjal Bhuyan, J.

1. This petition has been filed under sections 80 and 80A of the Representation of the People Act, 1951 for declaring the election 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 the People Act, 1951 (the Act hereafter).

2. Case of the petitioner is that a general notification was issued on 15.03.2014 notifying holding of general election for constituting a new Legislative Assembly of the State of Arunachal Pradesh with the following schedule:-

(i)	Last date for filing nomination	22.03.2014
(ii)	Date for scrutiny of nominations	24.03.2014
(iii)	Last date for withdrawal of candidature	26.03.2014
(iv)	Date of polling	09.04.2014
(v)	Date before which election should be completed	28.05.2014

3. Petitioner was nominated by the Bharatiya Janata Party (BJP) as its candidate for the 12-Pakke-Kessang (ST) Legislative Assembly Constituency (Constituency hereafter). On the other hand, respondent was nominated by the Indian National Congress (INC) as its candidate for the said constituency. Accordingly, petitioner filed his nomination papers; so also the respondent. Except petitioner and respondent, no other candidate had filed nomination paper in the said constituency. Only the petitioner and respondent were in the fray in the said constituency.

4. It is stated that petitioner's younger brother, Sri Utung Welly (PW1) was made election agent of the petitioner. He is a registered voter of the constituency. Proposer of the petitioner was Sri Ravindra Tana, also a voter of the said constituency.

5. As per schedule, nomination papers of both petitioner and respondent were taken up for scrutiny on 24.03.2014. At the time of scrutiny, petitioner along with his proposer were present in the office of the Returning Officer, Sri Tarin Dakpe. His wife and election agent were present at Seppa on that day. On scrutiny, nomination papers of both the candidates i.e., petitioner and respondent were found to be in order.

6. According to the petitioner, he left Seppa in the morning of 25.03.2014 for campaigning at Rilloh village under Passa Valley Circle. On 26.03.2014, petitioner came back to Itanagar. Petitioner was at Itanagar from 26.03.2014 to 30.03.2014.

7. In the evening of 26.03.2014, petitioner learnt about his withdrawal of candidature when several of his supporters and relations made phone calls to him. Petitioner has stated that he did not write any notice for withdrawal of his candidature and did not withdraw his candidature. Neither he nor his proposer, election agent and his wife were present at Seppa on 26.03.2014. Therefore, question of withdrawal of candidature by the petitioner did not arise.

8. In the evening of 26.03.2014, the website of State Election Commission displayed withdrawal of candidature by the petitioner from the constituency and consequential election of respondent from the said constituency. Returning Officer of the constituency declared the respondent as having been elected unopposed from the constituency on 26.03.2014. Form-21 under Rule 11(1) of the Conduct of Election Rules, 1961 was accordingly issued.

9. Petitioner took up the matter with the police as well as before the Election Commission alleging foul play in the withdrawal of his nomination. Ultimately, FIR No. 19/2014 was registered by the Seppa Police Station under sections 468/469 IPC and investigation of the case was entrusted to Inspector T. Jamoh.

10. After the election process was over, petitioner filed the present election petition challenging the legality and validity of the election of the respondent.

11. Basic contention of the petitioner is that he did not write any notice for withdrawal of his candidature. He neither