JUDGMENT :

NANI TAGIA, J.

1. Heard Mr. Dilip Mazumdar, learned senior counsel, assisted by Mr. Sandi K. Deori, learned counsel, appearing on behalf of the election petitioner. Also heard Mr. K.P. Pathak, learned senior counsel, assisted by Mr. Khoda Tama, learned counsel, appearing on behalf of respondent No. 1.

2. By filing this election petition under Section 80, 80-A, and 81 of the Representation of the People Act, 1951; the petitioner has sought for a declaration that the election to the Member of Legislative Assembly from 44-Tezu(ST) Assembly Constituency, held pursuant to the Notification No. 464/ARUN-LA/2019, dated 18.03.2019, in respect of respondents No. 1 and 2, be declared void under Section 90(a)(c) of the Representation of the People Act, 1951, on the grounds stipulated under sections 100(1)(b), 100(1)(d)(i) and 100(d)(iv) of the Representation of the People Act, 1951, and to declare the petitioner to be duly elected from the 44-Tezu(ST) Assembly Constituency under Section 101(b) of the Representation of the People Act, 1951.

3. The facts relevant for adjudication of the election petition, briefly, stated, are as follows:

(i) That the Governor of the State of Arunachal Pradesh had issued a Notification dated 18.03.2019, under Section 15(2) of the Representation of the People Act, 1951, published in the Official Gazette of the State of Arunachal Pradesh, dated 18.03.2019, calling upon all the Deputy Commissioners of the State to elect the members in the State Legislative Assembly under the provisions of the Representation of the People Act, 1951, and the Rules, framed thereunder. Accordingly, in pursuance of Sections 30 and 56 of the Representation of the People Act, 1951, the Election Commission of India (ECI), had appointed the following dates for holding the election to all the Legislative Assembly Constituencies in the State of Arunachal Pradesh, vide Notification No. 464/ARUN-LA/2019, dated 18.03.2019, issued by the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi, which Notification was reproduced by the Chief Electoral Officer, Arunachal Pradesh, Itanagar, on 18.03.2019, and published in the Arunachal Pradesh Gazette Extraordinary No. 120, Vol. XXVI, Naharlagun, Monday, March 18, 2019; which are as under:

(a) the 25th March, 2019 (Monday), as the last date for making nominations.

(b) the 26th March, 2019 (Tuesday), as the date for the scrutiny of nominations.

(c) the 28th March, 2019 (Thursday), as the last date for the withdrawal of candidatures.

(d) the 11th April, 2019 (Thursday) as the date on which a poll shall, if necessary, be taken.

(e) the 27th May, 2019 (Monday), as the date before which the election shall be completed.

(ii) The petitioner being an elector of 44-Tezu(ST) Assembly Constituency, Arunachal Pradesh, and eligible to contest the election for the Legislative Assembly of the State, held in the year 2019, had presented his nomination paper to the Returning Officer as an Indian National Congress (INC) candidate for contesting the Assembly Election for the year 2019 from 44-Tezu(ST) Assembly Constituency. The respondent No. 1, Shri Karikho Kri, and respondent No. 2, Dr. Mohesh Chai, had also presented their nomination papers for contesting the Legislative Assembly Election for the year 2019 from 44-Tezu(ST) Assembly Constituency, as an independent candidate and Bharatiya Janata Party(BJP) candidate, respectively. Two other persons, namely, Smti. Bagilu Kri, and Shri Konteso Kri, who are the wife and the brother of respondent No. 1, respectively, had also presented their nomination papers for election to the 44-Tezu(ST) Assembly Constituency, as independent candidates. On receipt of the nomination papers, the Returning Officer of 44- Tezu(ST) Assembly Constituency, had notified the nominations received along with the affidavits submitted with the nomination papers and the s