Page No.# 1/5 GAHC040012552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/173/2024 Nabro Natung and Anr Mandal President BJP, Upper Pakke Kessang, PO, PS and District Pakke Kessang, Arunachal Pradesh. 2: Pani Tayam Age: Occupation : President Pakke Kessang BJP Unit Arunachal Pradesh VERSUS Bampu Nabam and 10 Ors Son of Tarum Nabam, resident of Suchung, PO, PS and District Pakke Kessang, Arunachal Pradesh. 2:Ringso Natung Age: 39 Occupation : Son of Late Tassar Natung resident of Sede PO PS and District Pakke Kessang Arunachal Pradesh. 3:Karling Natung Age: 39 Occupation : Son of Shri Taji Natung resident of Sede PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 4:Martin Brah Age: 28 Page No.# 2/5 Occupation : Son of Shri Hamak Brah resident of Sede PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 5:Gegung Natung Age: 28 Occupation : Son of Shri Tapia Natung resident of Patiwa PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 6:Smti Senia Tajo Age: 32 Occupation : Son of Shri Parsing Tachang resident of Pakso PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 7:Baddo Nabam Age: 45 Occupation : Son of Late Sera Nabam resident of Keko PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 8:Saha Nabam Age: 58 Occupation : Son of Late Taming Nabam resident of Lower Bazarline PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 9:Tango Nabam Age: 37 Occupation : Son of Shri Nikia Nabam resident of Keko Page No.# 3/5 PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 10:Naga Techi Age: 35 Occupation : Son of Shri Tapak Techi resident of Mungla/ Hote PO and PS Pakke Kessang Pakke Kessang District Arunachal Pradesh 11:Smti Yalar Kino Age: 57 Occupation : Wife of Shri Tatum Kino resident of Baliso PO and PS Pakke Kessang Pakke Kessang District Arunachal Prades Advocate for the Petitioner : Puto Bui, Tashap Nima Advocate for the Respondent : Taba Tagum, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 22.04.2025 Heard Mr. Puto Bui, learned counsel for the applicants; Mr. R.T. Tara, learned counsel for the opposite party-writ petitioners; and Mr. S. Tapin, learned State Counsel for the opposite parties-respondent nos. 1, 2 & 3. 2. Having heard the learned counsel for the parties, this Court is of the considered view that instead of hearing the interlocutory application, the main writ petition is required to be Page No.# 4/5 heard after exchange of pleadings is complete. 3. Mr. Bui, learned counsel for the applicants-respondent nos. 5 & 6 has submitted that the instant interlocutory application is preferred seeking vacation of the interim order dated 16.08.2024 passed in the connected writ petition, W.P.[C] no. 334[AP]/2024. By the interim order dated 16.08.2024, the impugned order dated 22.07.2024 passed by the District Commissioner, Pakke Kessang regarding disqualification of the petitioners has been stayed. Mr. Bui has submitted that six out of the eleven opposite parties-writ petitioners, that is, the petitioner nos. 3, 6, 8, 9, 10 & 11 had voluntarily tendered their resignation from the party on 11.04.2024 and in such view of the matter, the provisions of Section 3[1][a] of the Arunachal Pradesh Local Authorities [Prohibition of Defection] Act, 2003 [‘the 2003 Act’, for short] is automatically applicable in respect of their case. 4. Clause [a] of sub-section [1] of Section 3 of the 2003 Act has inter-alia provided that a member, belonging to any political party shall be disqualified for being such member if he has voluntarily given up his membership of such political party. 5. On a query made to the learned counsel for the applicants, Mr. Bui has submitted that the copies of the resignation letters, annexed as Annexure-2 series, purportedly tendered by the petitioner nos. 3, 6, 8, 9, 10 & 11 were received through WhatsApp and the resignation letters in original were never received by the District President, Pakke Kessang, BJP to whom the resignation letters were shown to be addressed. 6. In the applications made to the Member Secretary, Gram Panchayat, 2-Pakke Kessang Circle Parishad Constituency, annexed as Annexure-3 series, purportedly as a complaint under Section 6[1] of the 2003 Act on 26.06.2024, there was no mention as regards tendering of resignation by the petitioner nos. 3, 6, 8, 9, 10 & 11. In the above backdrop, this Court is not inclined to vacate and/or modify the interim order passed on 16.08.2024 even in respect of the petitioner nos. 3, 6, 8, 9, 10 & 11, not to speak of the other petitioners. Consequently, this Court is of the prima facie view that the interlocutory application, on such pleaded facts, cannot be allowed and it is accordingly dismissed. It is, however, made clear that the Page No.# 5/5 observations made hereinabove shall not be construed as observations as regards the merits of the claim of the petitioners in the connected writ petition. JUDGE Comparing Assistant