JUDGMENT :

Nani Tagia, J.

1. Heard Mr. T.T. Tara, learned counsel for the applicant/returned candidate and Mr. D. Mazumdar, learned Senior Counsel for the opposite party/election petitioner.

2. This is an application under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908(CPC) seeking leave to admit the written statement filed beyond the period of 90 days [The prayer column of this application having been amended by the order of this Court dated 17.03.2021 in IA(C)42(AP)2021].

3. The applicant is the respondent No. 1 in Election Petition No. 01 (AP)2019, and a returned candidate as a Member of Legislative Assembly of 44 Tezu (ST) Assembly Constituency in the 2019 General Election held for constitution of the Legislative Assembly in the State of Arunachal Pradesh.

4. The respondent No. 1 as an election petitioner had filed the Election Petition No. 01 (AP) 2019 assailing the election of the applicant as a Member of Legislative Assembly of 44 Tezu (ST) Assembly Constituency in the 2019 General Election held for constitution of the Legislative Assembly in the State of Arunachal Pradesh. The applicant states that he had received the Election petition No. 01(AP)2019 filed by the respondent No. 1/election petitioner on 15.09.2019. After the receipt of the Election petition, as above, on 15.09.2019, the applicant had contacted his Advocates for appropriate legal steps in the matter on 15.10.2019. The counsel for the applicant thereafter, entered appearance by filing a Vakalatnama on 25.10.2019, in the Election petition before this Court along with two Interlocutory Applications, which however, were withdrawn with the leave of the Court.

5. According to the applicant/returned candidate, the written statement in the Election petition ought to have been filed on or before 13.12.2019. The applicant further states that the written statement in the Election petition could not be filed on or before 13.12.2019 and also immediately thereafter as well, as the applicant was busy on his official tour to his constituency to redress the grievances of the public from 08.12.2019 to 16.12.2019.. Thereafter, as the applicant made an attempt to leave Tezu for Itanagar on 17.12.2019 to file the written statement, the applicant, however, could not leave out of Tezu town on account of complete bandh and road blockage in the State of Assam following mass protest against the Citizenship Amendment Bill introduced in the Parliament and the bandh continued till 23.12.2019. Thereafter, there were series of advisories issued by the District Administration not to travel through the State of Assam during the protest period. Despite the situation, as indicated above, the applicant, however, reached Itanagar on 21.12.2019, and contacted his counsel over phone for filing of the written statement and to hand over the relevant documents for preparation of the written statement by the counsel. The counsel, however, informed the applicant over phone that the engaged counsel was out of station and in view of the fact that the Court was also closed for winter Break from 23.12.2019 to 01.01.2020, the applicant had to come back to Tezu on 23.12.2019. The applicant further states that on 02.01.2020, he had come back to Itanagar and met his counsel on 03.01.2020 and handed over the original documents for preparation of written statement and his counsel, thereafter, took another 4(four) days to prepare the written statement for filing before the Court. On 08.01.2020, he had signed the written statement prepared to be filed before the Court, but due to procedural delay in filing process in the Registry, the written statement for filing could not be tagged along with Election Petition listed on 08.01.2020, on which date the Election Petition was directed to be fixed for submission of draft issue after 3 (three) weeks. The applicant, therefore, contends that on and from 13.12.2019, which was the last date on which the written statement ought to have been filed