Allowed

Nguntim Changmi v. Phosun Khimhun

Gauhati HC20 Jun 2022IA(C)/23/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the interlocutory application filed by the applicant petitioners seeking withdrawal of Election Petition No. 07(AP)/2019 under Section 109(2) of the Representation of the People Act, 1951. The court further directed sending a copy of the order to the Election Commission under Section 111 due to absence of a substituted petitioner.

What did the court decide?

The Election Petition No. 07(AP)/2019 was allowed to be withdrawn.

Nguntim Changmi Vs Phosun Khimhun — Election Law | Gauhati HC (2022)

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Page No.# 1/3

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GAHC040001392022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : IA(C) 23/2022

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1:Nguntim Changmi S/o Late N.L. Changmi,

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Resident of Changlang Bazaar, Changlang, PO and PS Changlang, Changlang, District, Arunachal Pradesh

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VERSUS

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1:Phosun Khimhun S/o Late Hothum Khimhun,

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Permanent Resident of Khimiyang Village, PO and PS Changlang, Changlang District and Presently Member of Legislative Assembly of Arunachal Pradesh from 52 Changlang South (ST) Assembly Constituency, Changlang, Arunachal Pradesh

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Advocate for the Petitioner : Pritam Taffo

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Advocate for the Respondent :

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Linked Case : Election Pet. 7/2019

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1:SRI NGUNGTIM CHANGMI S/O LATE N L CHANGMI RESIDENT OF CHANGLANG BAZAAR PO PS and DISTRICT CHANGLANG AP 9774134484

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VERSUS

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Page No.# 2/3

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1:SRI PHOSUM KHIMHUN S/O LT HOTHUM KHIMHUN PERMANENT RESIDENT OF KHIMIYANG VILLAGE PO

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PS and DISTRICT CHANGLANG AP PRESENTLY MLA 52 CHANGLANG SOUTH LAC

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Advocate for the Petitioner : T Lamgu Advocate for the Respondent : T T Tara

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BEFORE

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HONBLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 20-06-2022

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Heard Mr. P. Taffo, learned counsel for the applicant/election petitioner and Mr. T. T. Tara, learned counsel for the respondent/ returned candidate.

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Pursuant to order passed by this Court on 11.02.2022, the learned counsel for the petitioner has produced before this Court a notice under Section 109 (2) of the Representation of the People Act, 1951 in the matter of Interlocutory Application being IA(C) No.23(AP)2022, filed under Section 109 of the Representation of the People Act, 1951 for withdrawing the Election Petition No. 07(AP)/2019 published in the Gazette of the State of Arunachal Pradesh, No.04, Vol.XXXIII, Naharlagun, on Monday, 28.02.2022.

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In view of the above, this I. A. for withdrawing the Election Petition No.07(AP)/2019 is allowed.

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Page No.# 3/3

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In terms of the provision of Section 111 of the Representation of the People Act, 1951, since there is no person substituted as petitioner under clause (C) of the Sub-Section 3 of Section 110, in place of the party withdrawing, despite, the aforesaid Official Gazette publication made, let a copy of this order be sent to the Election Commission.

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JUDGE

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Comparing Assistant

Nguntim Changmi v. Phosun Khimhun

Case brief

What is this about?

What did the court decide?

Nguntim Changmi v. Phosun Khimhun

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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