Page No.# 1/11 GAHC040019122025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/548/2025 Chenga Dolo and Anr Son of Late Sen Js Dolo, resident of Sekar Village, Part No. 17/8/1, Serial No.24, PE- 7, PO and PS Mechuka, Shi Yomi District, Arunachal Pradesh. 2: Chenjor Dere Age: Occupation : Son of Late Tachak Dare resident of Sekar Village Part No.17/8/1 PE-18 S/No- 77 PO and PS Mechuka Shi Yomi District Arunachal Pradesh VERSUS The State of AP and 26 Ors represented by the Secretary (Panchayat Raj), Govt of Arunachal Pradesh, Itanagar. 2:The State Election Commission Age: 0 Occupation : represented by the Secretary Arunachal Pradesh Itanagar. 3:The Deputy Commissioner cum District Election Officer Age: 0 Occupation : Shi Yomi District Tato Arunachal Pradesh. Page No.# 2/11 4:The Additional Deputy Commissioner cum Electoral Registration Officer Age: 0 Occupation : Mechuka Shi Yomi District Arunachal Pradesh. 5:Dindup Naksang Age: 0 Occupation : Son of Prem Lera Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 6:Ms Chumi Naksang Age: 0 Occupation : Daughter of Norbu Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 7:Smti Sange Chonjom Sona Age: 0 Occupation : Wife of Norbu Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 8:Dawa Tashi Naksang Age: 0 Occupation : Son of Pemba Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 9:Ms Digi Naksang Age: 0 Occupation : Daughter of Norbu Naksang Page No.# 3/11 resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 10:Sarab Dorjee Naksang Age: 0 Occupation : Son of Pemba Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 11:Smti Lak Buri Naksang Age: 0 Occupation : Wife of Pemba Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 12:Prem Lera Naksang Age: 0 Occupation : Son of Pemba Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 13:Ms Techi Naksang Age: 0 Occupation : Daughter of Norbu Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 14:Smti Lenjum Sona Naksang Age: 0 Occupation : Daughter of Thupten Chedup Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Page No.# 4/11 Arunachal Pradesh. 15:Thupten Chedup Naksang Age: 0 Occupation : Son of Norbu Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 16:Smti Yangjom Kigar Naksang Age: 0 Occupation : Wife of Norbu Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 17:Norbu Naksang Age: 0 Occupation : Son of Pemba Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 18:Ms Pemba Lhamu Naksang Age: 0 Occupation : Daughter of Dawa Tashi Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 19:Smti Phurba Drema Naksang Age: 0 Occupation : Wife of Sarap Dorjee Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 20:Ms Nima Drema Naksang Page No.# 5/11 Age: 0 Occupation : Daughter of Dawa Tashi Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 21:Lhakpa Dorjee Naksang Age: 0 Occupation : Son of Dawa Tashi Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 22:Smti Buti Naksang Age: 0 Occupation : Wife of Dawa Tashi Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 23:Ms Derma Naksang Age: 0 Occupation : Daughter of Dawa Tashi Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 24:Chong Phinjo Naksang Age: 0 Occupation : Son of Dawa Tashi Naksang resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 25:Smti Yaper Nyogen Age: 0 Occupation : Wife of Nima Dorjee Nyogen Page No.# 6/11 resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 26:Smti Yanyok Yorpen Age: 0 Occupation : Wife of Tanya Samchung resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 27:Smti Yajum Hemi Age: 0 Occupation : Wife of Timpu Samchung resident of Mechuka Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh Advocate for the Petitioner : Jumgam Jini, Sumit Chhetri,Gyamar Jeevan,Migo Laye,Tao Tarin,Binter Picha,Taying Nega Advocate for the Respondent : GA (AP), S/C State Election Commission,Ajin Apang, Sr. Advocate BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 21.11.2025 Heard Mr. J. Jini, learned counsel for the petitioners. 2. The petitioners, Sri Chenga Dolo and Sri Chenjor Dere are aggrieved by the inclusion of the names of the private respondents No. 5 to 27 in the electoral roll of Sekar village. It is submitted that the private respondents do not belong to the area under Sekar Village, (Part No. 17/8/1). It is alleged that, with mala fide intent, their names were included to facilitate the favourable prospects Page No.# 7/11 of a candidate of interest. These private respondents are stated to be bogus voters, and there is also an allegation of double inclusion of their names in the electoral roll. The last date for filing nomination papers is 24.11.2025. Their names were simultaneously registered under Menchukha Village, (Part No. 17/4/2). Such dual registration violates Section 109 of the Arunachal Pradesh Panchayati Raj Act, 1997 (“the Panchayati Raj Act, 1997” for short), which strictly prohibits enrolment in more than one constituency. 3. Heard Mr. S. Tapin, learned Senior Government Advocate for the State respondents No. 1, 3 and 4. Instructions have also been obtained, and it is submitted that there has been a typographical error relating to House No. 18A, which was typed as House No. 18. It is submitted that the learned Senior Government Advocate has received instructions that, as alleged, the petitioner No.2’s house number is 18, and the presence of 20 (twenty) bogus voters is related to House No. 18A instead of House No. 18, which is contrary to the submission of the learned counsel for the petitioners that there is no house number such as House No. 18A in the locality. 4. Further, it is contended on behalf of respondents No. 1, 3 and 4 that the lottery has already been drawn on 27.10.2025, and according to the instructions submitted today by the learned Senior Government Advocate, it is clear that this Gram Panchayat Segment is reserved for women. Therefore, the petition is not maintainable and is liable to be dismissed with exemplary costs. It is further contended that the petitioner No.1, being a Members of the Gram Panchayat, was also present during the lottery draw, and that after the declaration of the lottery result, this Segment was accordingly fixed and reserved for women candidates. Page No.# 8/11 5. Furthermore, the learned Senior Government Advocate on behalf of the State respondents has taken this Court through the procedure under Section 114 of the Arunachal Pradesh Panchayati Raj Manual (Act and Rules), 2018, which reads as follows: “114. (1) Any person, whose name is not included in the electoral of a constituency may apply to the Electoral Registration Officer in the prescribed manner for the inclusion of his name in that roll. (2) The Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral rolls, direct his name to be included thereon: Provided that if the applicant is registered in the electoral roll of any other constituency, the Electoral Registration officer shall inform the electoral Registration Officer of the other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll. (3) No amendment or deletion of any entry shall be made under Section 113 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency and before the completion of that election….” 6. It is thus submitted that, at this juncture, as the entire process is complete and the last date for nomination is 24.11.2025, there is no scope to delete the names of the private respondents, as prayed for, without affording them an opportunity of being heard. So stating, it is submitted on behalf of the respondents that the proviso to Section 113 of the Arunachal Pradesh Page No.# 9/11 Panchayati Raj Manual (Act and Rules), 2018, reads as under: “Provided that before taking any action on the ground under clause (a) or any action under clause (b) on the ground that the person concerned has ceased to be ordinarily resident in that constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the Electoral Registration Officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him" 7. Thus, it is submitted that it is not logical to assume that all the respondents named in the writ petition can be afforded an opportunity of being heard before their names are deleted from the electoral roll. It is further submitted that after the last date of nomination, no deletion or addition can be made in the electoral roll, as it is neither physically nor practically feasible to complete the entire procedure within one working day. It is further submitted that, proviso to Rule 27 of the Arunachal Pradesh Panchayats (Preparation of Electoral Roll) Rules, 2002, reads as under: “…..Provided that before taking any action under this rule in respect of any person on the ground that he had ceased be of, or is not ordinarily resident of the Constituency, or is otherwise not entitled to be registered in that roll, the Electoral Registration Officer shall make every endeavour to give him a reasonable opportunity to show cause why the action proposed should not be taken in relation to him…” 8. I find that the submission made on behalf of respondents No. 1, 3 and 4 has force, as at this eleventh hour it is not possible to hear all the 23 (twenty- three) private respondents before deleting their names from Sekar Village, (Part Page No.# 10/11 17/8/1). It is also submitted that the instructions at page No.4 clearly reveal that the names of respondents, namely Pem Lera Naksang, Pemba Naksang, Yangjom Kigar, Thupten Naksang, Sarab Dorjee Naksang, Phurba Drema Naksang, Norbu Naksang, Pemba Naksang, Lak Buri Naksang and Nima Lhamu Naksang, have already been deleted from Segment-2 of Menchukha Village. 9. The learned counsel for the petitioners has submitted that although this constituency is reserved for women, the petitioner’s daughter-in-law is contesting from this constituency. This argument of the learned counsel for the petitioners holds no water, as there is no averment in the petition that petitioner No. 1 is aggrieved by the alleged bogus enrolment of certain voters because his daughter-in-law is contesting. On the contrary, the petitioner has stated that he himself would be contesting the Panchayat elections. 10. I have also considered the submissions that the hearing for claims and objections after revision of the voters’ list was held for all voters of the area on 27.05.2025, and the petitioner’s presence in those hearings cannot be doubted, as he is a Gram Panchayat Member. 11. Considering the contention regarding the presence of voters in Sekar Village, (Part 17/8/1), for the purpose of rigging, and taking note of the petitioners’ grievance, an order can be passed to at least direct consideration of the representations submitted by the petitioners, which have allegedly not yet been taken up by the Electoral Registration Officer-cum-Additional Deputy Commissioner, Menchukha. 12. This Court deems it appropriate to direct that the pending representations dated 24.07.2025, submitted by the petitioners, be taken up and disposed of by the Electoral Registration Officer-cum-Additional Deputy Commissioner, Page No.# 11/11 Menchukha, within a period of 1(one) month from the date of receipt of this order. 13. In terms of the above observations, this petition stands disposed of. JUDGE Comparing Assistant