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2024 Supreme(Gau) 1139

NELSON SAILO
K. Pawhnie S/o K. Rahmo – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Juliana Lalhmangaihi.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. C Tlanthianghlima, learned counsel for the petitioner, Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General, Mizoram for respondent Nos. 1 & 2, Mr. C Zoramchhana, learned counsel for respondent Nos. 3 & 4 and Mr. B Lalramenga, learned counsel for respondent Nos. 6 & 8. None appears for respondent Nos. 5 & 7 despite notice.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner is before this Court with the following prayer:

    “In the premises, it is most humbly prayed that your Lordships may graciously be pleased to admit this petition, call for the records and issue rule calling upon the Respondents to show cause as to why the election of the Respondent No. 6 as MDC from 02-Phura Constituency should not be declared as void and illegal and why he should not be disqualified as MDC since he is guilty of corrupt practice, undue influence and fraud by filing a false affidavit in his Election Affidavit dt.13/4/2022 (Annexure-6) in clear violation of MADC (Constitution, Conduct of Business, etc.) Rules, 2002 and against the Order dt. 5/4/2022 (Annexure-4) passed by the Respondent No. 4 and as to why th

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