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2018 Supreme(Gau) 1566

NELSON SAILO
Sumir Tongchangya – Appellant
Versus
Mizoram State Election Commission – Respondent


Advocates Appeared:
For The Petitioner: Mr. O Lalramzauva, Mr. J. Lalremruata Hmar, Mr. H. Zodinsanga, Ms. Vanlalhriati and Mr. H. Lalramhluna
For The Respondent: Mr. A.K. Rokhum and Mr. B. Lalramenga

JUDGMENT :

1. Heard Mr. C. Lalramzauva, the learned senior counsel assisted by Mr. H. Lalramhluna, the learned counsel for the writ petitioner. Also Mr. A.K. Rokhum, the learned counsel appearing for the respondent Nos. 1 and 2 and Mr. B. Lalramenga, the learned counsel for the respondent No. 3.

2. By this application under article 226 of the Constitution of India, the petitioner has challenged the validity/legality of the rejection of his nomination vide Certificate of Scrutiny dated 5.4.2018 and also the Certificate of Election declaring the respondent No. 3 as duly elected as Member of the CADC for the 18-Fultuli MDC Constituency.

3. The petitioner had filed his nomination for the 18-Fultuli MDC Constituency for which he was proposed by Sh. Priyo Lai and seconded by Sh. Tengkhi Muni Tongchangya whose names are in the electoral roll for the said Constituency. However, on scrutiny of the nomination paper of the petitioner, the Returning Officer upon finding the seconder to be an employee under CADC rejected the nomination of the petitioner vide Certificate of Scrutiny dated 5.4.2018 and vide Certificate of Election dated 6.4.2018 declared the respondent No. 3 to be duly elected as MD





























































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