TAJUM PAGO AND OTHERS Vs. STATE OF ARUNACHAL PRADESH AND ORS.
LAWS(GAU)-1994-12-18
HIGH COURT OF GAUHATI
Decided on December 09,1994

TAJUM PAGO AND ELEVEN ORS Appellant
VERSUS
STATE OF ARUNACHAL PRADESH AND ORS Respondents

JUDGEMENT

- (1.)All these above Civil Rules involve common questions of law and facts, therefore, I propose to dispose of these Civil Rules by a common judgment.
(2.)Petitioners have challenged the election of the members to Gram Panchayati of Nari Koyu Anchal Samity, Ruksin-Bilat Anchal Samity and Turing Anchal Samity, held vide Notification No. ESD/PR-19.(P-11) dated Pasighat the 26th August, 1992 issued by the Deputy Commissioner, East Siang District, Pasighat and also the appointment of Returning Officers, acceptance and scrutiny and rejection of nomination papers by the Returning Officers in the said elections and prayed for issuance of appropriate writs or directions.
(3.)The facts of the cases may be stated briefly as follows:
The Development Commissioner, Government of Arunachal Pradesh vide letter No. PR-10/90 dated 30th May, 1992 informed all the Deputy Commissioners of the districts about the Panchayati Raj Election Programme, 1992. This programme was thereafter revised by the Commissioner vide letter dated 24th June, 1992. By another notification dated 9th July. 1992 the Development Commissioner in exercise of the power conferred by Sub-section (1) of Section 4 of the North East Frontier Agency Panchayati Raj Regulation, 1967 constituted Nari-Koyu, Ruksin-Bilat and Tuting Anchal Samities. The Deputy Commissioner, Pasighat issued notification revising the Panchayat Raj Programme, 1992 fixing various dates. Thereafter, the Deputy Commissioner through Circle Officers entertained claims, objections of the draft electoral rolls and on physical verification deleted names of several underaged and non resident voters from the draft list on various dates, namely 18.8.92, 20.8.92 and 22.8.92. However, at the instance of some interested persons few names were again included in the list. On subsequent date, i.e. on 23.8.92 the Petitioners went to Pasighat to lodge complaint before the Deputy Commissioner but could not do so as it was a Sunday. On 24.8.92 after hearing the complaint the Deputy Commissioner directed to delete the names of non residents and underaged persons. However, the Deputy Commissioner again reviewed his order on 25.8.92 on the ground that the last date for disposal of claims had already expired. The Deputy Commissioner published a notification for Gram Panchayat election under Rules 7 and 8 of Arunachal Pradesh Gram Panchayat (Constitution) Rules, 1972 (for short the Gram Panchayat Rules), vide notification No. ESD/PR/19(P-11) dated 26th August, 1992, fixing various dates for submission of nomination papers, scrutiny and withdrawal of candidature. As per the said notification, 30.8.92 was fixed for submission of nomination papers. Nether the Petitioners nor their proposers were allowed to enter into the premises at the time of scrutiny, The Petitioners were informed that their nominations had been rejected, however, without assigning any ground. Situated thus, the Petitioners lodged complaints before the Deputy Commissioner requesting him to cancel the scrutiny and to re-scrutinise the nomination papers. 31.8.92 was fixed for with drawal of candidature by the candidates or by their proposers or by person duly authorised by them. The Deputy Commissioner by his order dated 3.9.92 directed the Petitioners to appear before him to justify their claims regarding nomination. The Petitioners were heard and their claims were rejected. Because of the rejection of the nomination papers of the Petitioners their rival candidates were returned uncontested, however, there was no declaration of result till the time of filing of these applications.



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