Tao Kumar v. The State Election Commission and 3 Ors.

Gauhati HC17 Nov 2025WP(C)/541/2025

Case brief

AI extract

What is this about?

Tao Kumar v. State Election Commission & Ors; WP(C)/541/2025; Gauhati High Court Itanagar Bench; Judge Susmita Phukan Khaund; order dated 18-11-2025; electoral roll inclusion; Ward No. 19 Itanagar Municipal Corporation; MERO; Form-2 application; Arunachal Pradesh Municipality Act 2009 S.23(2); Arunachal Pradesh Municipal Elections Act 2009 S.23(1); Arunachal Pradesh Municipal (Election) Rules 2011 Rule 15(1), Rule 22; nomination deadline 24-11-2025; writ petition disposed.

What did the court decide?

Direction to respondent No. 3 (MERO) to accept the petitioner's application dated 17.11.2025 and consider it on its merits and in accordance with law; writ petition disposed of accordingly. ¶¶25

Tao Kumar Vs The State Election Commission and 3 Ors. — Gauhati HC (2025) — LawSathi Research

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Page No.# 1/3

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GAHC040018912025

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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)/541/2025

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Tao Kumar

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Son of Late Tao Taje, resident of P Sector, Nirjuli, PO and PS Nirjuli, Papum Pare District, Arunachal Pradesh 791109

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VERSUS

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The State Election Commission and 3 Ors through its Secretary, Govt of Arunachal Pradesh, Itanagar.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 Secretary Department of Urban Local Bodie Civil Secretariat Itanagar Arunachal Pradesh

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Page No.# 2/3

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Advocate for the Petitioner : Jumgam Jini, Gyamar Jeevan,Migo Laye,Tao Tarin,Sumit Chhetri,Binter Picha,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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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 Shri Tao Kumar, 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 Shri Tao Kumar on 17.11.2025 strictly on its merits and thereafter, to include his name in the Electoral Roll for Ward No. 19, 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 his 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 his name in the electoral roll.

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Page No.# 3/3

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Rule 15(1) of the of the Arunachal Pradesh Municipal (Election) Rules, 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 17.11.2025 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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Tao Kumar v. The State Election Commission and 3 Ors.

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Tao Kumar v. The State Election Commission and 3 Ors.

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