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2017 Supreme(Gau) 1304

AJIT SINGH, MANOJIT BHUYAN
NAGALAND PRADESH CONGRESS COMMITTEE – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K. Das and Mr. S. Ali, Learned Counsels.
For the Respondent: Mr. S Dutta, Learned Senior Counsel assisted by Ms. N. Modi, learned Counsel, Ms. B. Das, Learned Counsel.

JUDGMENT :

AJIT SINGH, J.

1. Mr. K. Das and Mr. S. Ali, learned counsel for the appellant.

2. Mr. S Dutta, learned senior counsel assisted by Ms. N. Modi, learned counsel for caveator and Ms. B Das, learned counsel for Respondent No.1.

3. Heard on admission.

4. This intra-court appeal is directed against the order dated 3.7.2017 passed by the learned Single Judge of Kohima Bench of this High Court, whereby he has dismissed appellant's WP(C)No. 111(K) of 2017.

5. The 10th Northern Angami-1 (ST) Assembly Constituency in Nagaland has become vacant with effect from 24.5.2017. And the Election Commission of India issued a Press Note dated 29.6.2017 stating therein that bye-election to fill casual vacancy shall be held on 29.7.2017. Admittedly, now even notification dated 5.7.2017 has also been issued regarding the election programme to fill up the vacancy.

5.1. The appellant challenged that Press Note of the Election Commission of India on the ground that since remainder of the term of a member in relation to a vacancy is less than one year, bye-election to fill up the vacancy is uncalled for. In support of this submission, the appellant referred to Section 151-A of the Representation of the P










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