SC Upholds Independent MLA Karikho Kri's 2019 Election In Arunachal Pradesh

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The Supreme Court of India upheld the election of Independent MLA Karikho Kri in the 2019 Arunachal Pradesh legislative assembly polls. However, the Supreme Court examined the evidence presented and found no grounds to invalidate Kri’s election.

SC Upholds Independent MLA Karikho Kri's 2019 Election in Arunachal Pradesh — SC Upholds Independent MLA Karikho Kri’s 2019 Election in Arunachal Pradesh

NEW DELHI: Today (9th April): The Supreme Court upheld the 2019 election of Independent MLA Karikho Kri from the Tezu Assembly constituency in Arunachal Pradesh. The Gauhati High Court declared his election null and void, a ruling that has now been set aside by the apex court.

Background:

Karikho Kri secured victory as an independent candidate in the 2019 elections, representing the Tezu Assembly constituency. However, his election was challenged when Congress candidate Nuney Tayang filed an election petition. Tayang alleged that Kri had made false declarations in his nomination paper and failed to disclose his occupation of a government-allotted MLA cottage in Itanagar, as required under Form 26 of the Conduct of Election Rules, 1961.

Under Section 90(a)(c) of the Representation of the People Act, 1951, Tayang approached the Itanagar bench of the Gauhati High Court, seeking a declaration that Kri’s election from the Tezu seat be deemed void. One of the key contentions raised by Tayang was that Kri did not submit the necessary “no dues certificates” from the concerned departments about rent, electricity, water, and telephone charges.

The Gauhati High Court ruled that Kri’s nomination paper was not presented in accordance with Section 33 of the Representation of the People Act. Consequently, the court deemed Kri’s nomination paper liable for rejection under Section 36(2)(b) of the same Act. The High Court concluded that the acceptance of Kri’s nomination paper by the returning officer was improper.

However, the Supreme Court set aside the decision of the Gauhati High Court. After a thorough review of the case, the apex court upheld Karikho Kri’s election as the MLA from the Tezu Assembly constituency.