ITANAGAR: In an interesting political development in Arunachal Pradesh, the Gauhati High Court’s Itanagar bench has declared the election of Dasanglu Pul, a ruling BJP legislator null and void under the Representation of People Act for concealing information about her properties in her election affidavit.
The High Court 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.
Lupalum Kri, the Congress candidate who lost to Dasanglu Pul in 2019, moved the High Court challenging her win, saying she did not declare her husband’s four properties in Mumbai and two in Arunachal Pradesh in her election affidavit.
The High Court 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.’
Dasanglu Pul, 45, was re-elected from Hayuliang in May 2019 Assembly polls.
She had earlier won the seat in a bye-election in 2016 after the death of her husband and former Chief Minister Kalikho Pul.
Kri filed the election petition, claiming that Pul’s candidacy was substantially defective as she concealed the material fact in Form 26 in the affidavit filed by her.
He challenged the election, claiming that the returning officer had improperly accepted Pul’s candidature, despite a written complaint against her.
The court added ‘improper acceptance’ of Dasanglu Pul’s nomination papers ‘materially affected’ the result of her election.
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.
Meanwhile, according to reports, the MLA is contemplating to file a petition challenging the High Court’s judgment.