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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Tadar Mangku – Appellant
Versus
Tai Nikio – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. R. Biswas, learned counsel and Mr. D. J. Kapil, learned counsel for the applicant/election petitioner. Also heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. E. Menjo, learned counsel for the opposite party/respondent.
2. This is an application under Rule 93 of the Conduct of Elections Rules, 1961 read with Rule 19.10 of the Handbook for Returning Officer, 2023, and Section 151 of the Code of Civil Procedure, 1908, praying for a direction to the District Election Officer(DEO)/Returning Officer(RO) of the 19th Nyapin (ST) Assembly Constituency and 14th Doimukh Assembly Constituency to allow the applicant/election petitioner to inspect documents and materials (election papers) relating to the election process conducted during the 11th Arunachal Pradesh Legislative Assembly Election, 2024 and to provide requisite copies thereof.
3. The applicant/election petitioner has challenged the election of the opposite party to the 19th Nyapin (ST) Assembly Constituency during the 11th Arunachal Pradesh Legislative Assembly Election, 2024, inter alia on the ground of reception of void votes, booth capturing and concealment and false information in F
Inspection of election-related documents must be justified by adequate and precise allegations, ensuring integrity and purity of the electoral process.
As per provision of Section 31 of Registration of People Act, 1951 and Rule 2 (1) (g) of Conduct of Election Rules, 1961, the Returning Officer concerned did not published put on notice board for pub....
The court determined that lack of video recording verification and procedural violations necessitate a recount to ensure election integrity.
Recounting of votes is permissible when a prima facie case is established, supported by clear allegations of irregularities and corroborating evidence, despite the need for maintaining ballot secrecy....
The election petition must contain specific grounds and a summary of circumstances justifying the questioning of the election result, complying with the provisions of the Act and rules.
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