Dismissed

Smti Mina Toko v. The State Election Commission and 3 Ors.

Gauhati HC17 Nov 2025WP(C)/540/2025

Case brief

AI extract

What is this about?

Smti Mina Toko filed a writ petition seeking inclusion of her name in the electoral roll for Ward No. 8, Itanagar Municipal Corporation. The High Court directed the Municipal Electoral Registration Officer to accept and decide the petitioner's application submitted on 13.11.2025 on its merits and in accordance with law, directing her to approach the officer under the relevant statutory rules.

What the court decided

AI extract

Smti Mina Toko Vs The State Election… — Pension and Retirement Benefits | Gauhati HC (2025)

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Page No.# 1/3

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GAHC040018902025

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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. : WP(C)/540/2025

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Smti Mina Toko

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Daughter of Shri Takar Toko, resident of House No. B/19, VIP Road, near Ntii Vihar Middle School, Niti Vihar, Itanagar, Papum Pare District, Arunachal Pradesh 791111

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VERSUS

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The State Election Commission and 3 Ors Arunachal Pradesh, through its Secretary, C Sector, Itanagar, Papum Pare District, Arunachal Pradesh. 2:The Deputy Commissioner Age: 0 Occupation : ICR-cum-Municipal Election Officer Itanagar Papum Pare District Arunachal Pradesh. 3:The Municipal Electoral Registration Officer (Mero) Age: 0 Occupation : Itanagar Municipal Corporation Office of the EAC cum MERO Itanagar Arunachal Pradesh. 4:The State of Arunachal Pradesh Age: 0 Occupation : through the Principal Secretary (Urban Development)

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Advocate for the Petitioner : Jumgam Jini, Taying Nega

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Advocate for the Respondent : GA (AP), S/C State Election Commission,Ajin Apang, Sr. Advocate

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Page No.# 2/3

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 18-11-2025

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Learned counsel Mr. J. Jini is present for the petitioner Smti. Mina Toko, who has filed this petition with a prayer for directing the respondent No. 3, the Municipal Electoral Registration Officer (Mero) to consider and decide the petition submitted by the petitioner Smti. Mina Toko on 13.11.2025 strictly on its merits and thereafter, to include her name in the Electoral Roll for Ward No. 8, Itanagar Municipal Corporation (IMC), as per Section 23(2) of the Arunachal Pradesh Municipality Act, 2009 read with Rule 15 of the Election Rules, 2011, enabling the petitioner to exercise her constitutional rights to contest, participate and file nomination papers before the prescribed deadline of 24^th November, 2025.

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Learned Senior Government Advocate Ms. N. Anju appears for respondent No. 1 and learned Junior Government Advocate Ms. P. Pangu appears for respondents No. 2 and 4.

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It is submitted on behalf of the respondents that the petitioner may approach as per Rule 15(1) of the Arunachal Pradesh Municipal (Election) Rules, 2011 and submit an application in Form-2(in duplicate) to the Municipal Electoral Registration Officer for inclusion of her name in the electoral roll.

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Rule 15(1) of the of the Arunachal Pradesh Municipal (Election) Rules,

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Page No.# 3/3

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2011 is reflected herein below :

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“ 15. (1) Any person, whose name is not included in the electoral roll, shall make an application in Form-2 (in duplicate) to the Municipal Electoral Registration Officer for inclusion of his name in that electoral roll, and such application shall be accompanied by a fee of ₹ 50 to be paid in cash against receipt:

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Provided that after the publication of the election programme under Rule 22 such an application shall be made not later than five days before the last date for the filing of nomination papers.”

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The petitioner has also relied on Section 23(1) of the Arunachal Pradesh Municipal Elections Act, 2009 which is reflected herein below:-

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“ 23. (1) Any person whose name is not included in the electoral roll of a Municipality may apply to the Municipal Electoral Registration Officer for the inclusion of his name in the electoral roll.”

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Considering the submissions at the bar, I deem it appropriate to direct the respondent No. 3 to accept the application dated 13.11.2025 submitted by the petitioner and to consider the application on its merits and in accordance with law.

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In terms of the above observations, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Smti Mina Toko v. The State Election Commission and 3 Ors.

Case brief

What is this about?

What the court decided

Smti Mina Toko v. The State Election Commission and 3 Ors.

Case brief

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