G.S.SINGHVI, H.L.GOKHALE
Markio Tado – Appellant
Versus
Takam Sorang – Respondent
JUDGMENT :-
H.L. Gokhale J.
This statutory appeal under Section 116A of the Representation of the People’s Act, 1951, seeks to challenge the judgment and order of the Gauhati High Court dated 12.11.2012, allowing the Election Petition No. 1(AP) of 2009, renumbered as Election Petition No. 1 (AP) of 2012, filed by the Respondent No. 1 whereby the election of the appellant from 20-Tali (ST) constituency of the Arunanchal Pradesh Assembly was declared void, and whereby the first respondent was declared elected to the State Legislative Assembly from the said constituency. After passing of the said judgment and order, the appellant applied for the stay of the said order, and the learned Judge by his order dated 16.11.2012 stayed the impugned judgment and order for a period of 14 days from the date of the said order. He made it clear that the appellant will have the right to participate in the assembly proceedings but will not have the right to vote and will not be entitled to any remuneration as an elected member of the assembly. This appeal, therefrom, was admitted on 27.11.2012, and by the order passed on that date by this Court, the above order dated 16.11.2012 was directed to contin
Hari Ram Vs. Hira Singh AIR 1984 SC 396.
Fulena Singh Vs. Vijoy Kr. Sinha 2009(5) SCC 290.
Ram Sevak Yadav v. Hussain Kamil Kidwai
Markio Tado Vs. Takam Sorang and Ors. 2012 (3) SCC 236.
Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineering Works (P) Ltd. and Anr.
State of West Bengal & Ors. v. Shivanand Pathak and Ors., (1998) 5 SCC 513
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