[ Amar Sangno ]
ITANAGAR, 25 Apr: In a sensational development, the high court (HC) on Tuesday declared the candidacy of Hayuliang MLA Dasanglu Pul void, while hearing an election petition filed by her 2019 assembly election opponent Lupalum Kri.
The HC observed that “the respondent/returned candidate had not presented her nomination paper in accordance with Section 33 of the Representation of the People Act, 1951, and, as such, the nomination paper of the respondent/returned candidate is liable to be rejected under Section 36 (2) (a) of the Representation of the People Act, 1951.”
“Hence, the improper acceptance of the nomination of the respondent/returned candidate by the returning officer (RO), therefore, has materially affected the result of the election of the respondent/returned candidate,” the court opined.
Kri filed the election petition, claiming that Pul’s candidacy was substantially defective as she concealed the material fact (properties of her late husband Kalilkho Pul) in Form 26 in the affidavit filed by her with the RO.
He challenged the election, claiming that the RO had improperly accepted Pul’s candidature, despite a written complaint against her.
“The six properties of the late spouse of the respondent/returned candidate mentioned in the legal heir certificate, dated 04.05.2017 (PE-5), was not disclosed by the returned candidate in Form 26, filed along with her nomination paper, which was a defect of a substantial character. The nomination of the respondent/returned candidate is, therefore, liable to be rejected,” Kri argued in his petition.
With this judgment, Pul is technically no longer an MLA as her election has been declared void, but the court made it clear that the ruling can be effected only after hearing the respondent’s petition.
Contesting the petitioner, Pul in her affidavit stated that she, “under the bonafide belief that, in view of the legal heir certificate, the first wife of late Kalikho Pul, Dangwimsai Pul, is the owner of the properties of late Kalikho Pul as indicated in the said legal heir certificate.”
“It was due to this bonafide belief that she did not disclose or mention any of those properties in the sworn affidavit in Form 26. She further claimed that she came to learn about the judgment on the Criminal Revision Petition No 11 (L)/2017 when the election petitioner in his written objection brought out these facts,” Pul’s affidavit read.
She will have to challenge the judgment in order to retain her MLA seat. One of the legal options would be a special leave petition in the Supreme Court, challenging the HC’s ruling.
“If there is no appeal against this order, then the Arunachal Pradesh Legislative Assembly will issue a notification regarding vacancy of MLA seat to 45-Hayuliang (ST) assembly constituency. After issue of this notification, election will have to be held within six months,” said an officer on condition of anonymity.
When contacted, the MLA informed that she would file a petition challenging the high court’s judgment on her election.
