The District Election Officer v. Drishyamuni Chakma and 8 Ors

ORDER Date : 04.12.2024

The case was taken up through Video Conferencing.

Heard Ms. N. Anju, learned counsel for the applicant. Also heard Mr. K. Hazarika, learned counsel for the respondent.

This interlocutory application has been filed for release of Electronic Voting Machines (EVMs/VVPATs) for further use which are kept in Strong Room under custody of District Election Officer, Changlang in respect of 49-Bordumsa-Diyun

(Gen) Assembly Constituency.

It is submitted by Ms. Anju, learned counsel for the applicant, that the EVM Machines are still in Strong Room of District Election Officer and the same are required for further use and accordingly, the present interlocutory application has been filed by the District Election Officer, Changlang for release of the same.

Mr. Hazarika, learned counsel for the respondent, submitted in this regard that the issue does not pertain to the EVM Machines and hence, he has no objection if the EVM Machines are released accordingly.

In view of the submissions made by the learned counsels for both sides, Page No.# 5/5 the present interlocutory application is hereby allowed. Accordingly, the District Election Officer, Changlang is hereby at liberty to take out the Electronic Voting Machines (EVMs/VVPATs) for further use which are kept in Strong Room under custody of District Election Officer, Changlang in respect of 49-Bordumsa-Diyun

(Gen) Assembly Constituency.

In terms above, this interlocutory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040008652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/144/2024 The District Election Officer Address:represented by Shri Marpe Riba Son of Late K Riba presently serving as Dy DEO DEO Office Changlang PO PS and District Changlang Arunachal Pradesh VERSUS Drishyamuni Chakma and 8 Ors Address:Son of Mr Nilo Chandra Chakma resident of Avoipur PO and PS Diyun Changlang District Arunachal Pradesh 792103 2:The Election Commission of India Address:through the Chief Election Commissioner having its office at Nirvachan Sadan Ashoka Road New Delhi 110001 3:The State Election Commission Page No.# 2/5 Address:through the Chief Electoral Officer having its office at C sector Old DC Office Building Itanagar Arunachal Pradesh 791111 4:The Retruning Officer / Additional Returning Officer Address:49 Bordumsa-Diyun (General) Legislative Assembly Constituency Arunachal Pradesh 5:Nikh Kamin Address:Son of Late Nikh Khopi resident of Power House Road Naharlagun E Sector PO and PS Naharlagun Papumpare District Arunachal Pradesh returned Candidate of National Congress Party 6:Somlung Mossang Address:Son of Late Somkho Mossang resident of Neotan village PO and PS Miao Changlang District Arunachal Pradesh candidate of Bharatiya Janata Party 7:Biri Joy Address:Son of Late Biri Togung resident of Chimpu Itanagar PO RK Mission PS Chimpu Papumpare District Arunachal Pradesh Candidate of Peoples Party Arunachal 8:Upen Chandra Deori Address:Son of Late Mohe Chandra Deori resident of Mahadevpur Namsai District Arunachal Pradesh 792105 an Independent Candidate Page No.# 3/5 9:Madan Tanti Address:Son of Late Bharat Tanti resident of Dumsi village PO and PS Mahadevpur Namsai District Arunachal Pradesh candidate of Arunachal Pradesh Democratic Party ------------ Advocate for : Nani Anju Advocate for : K Hazarika appearing for Drishyamuni Chakma and 8 Ors: Advocate , , , , , , , , appearing for 2, 3, 4, 5, 6, 7, 8, 9, respectively. Page No.# 4/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA