SC upholds election of Independent Arunachal Pradesh MLA Karikho Kri in 2019

NEW DELHI: The Supreme Court on Tuesday upheld the election of Independent MLA Karikho Kri from Tezu assembly constituency in Arunachal Pradesh in 2019.

A bench comprising justices Anirudhha Bose and Sanjay Kumar set aside the July 17, 2023 judgment of the Itanagar bench of the Gauhati High Court.

The high court had declared the election of Kri from Tezu in Lohit district as "null and void".

The top court allowed the appeal of Kri against the high court verdict and held that the candidates contesting elections are not required to disclose each and every moveable property owned by them or their affidavits unless they are of substantial value or reflect a luxurious lifestyle.

The detailed judgment is awaited. Earlier the high court judgment had come on an election petition filed by the then Congress candidate, Nuney Tayang, challenging the declaration of the 2019 assembly election result.

"Consequently, having answered the issues framed for determination in the instant case in the manner indicated above, the election of the respondent/returned candidate from Tezu assembly constituency is hereby declared void..."

The high court had further observed that Kri had not submitted his nomination paper in accordance with Section 33 of the Representation of the People Act, 1951 and, therefore, his nomination paper is liable to be rejected under Section 36 (2)(b) of the same Act.

Tayang had filed the petition under the Act, seeking a declaration that the election to the member of legislative assembly from the Tezu assembly constituency be declared void.

Tayang had alleged that Kri made false declarations in his election nomination paper by not disclosing that he was in occupation of a government accommodation, namely MLA Cottage No 1 located in 'E' Sector, Itanagar.

It was alleged that Kri did not submit "No Dues Certificates" from the concerned department for the rent, electricity charges, water charges and telephone charges of the government accommodation.

The election was held on April 11, 2019 and the result was declared on May 27, with Kri being declared the winner as an Independent candidate.