Page No.# 1/8 GAHC040008752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/70/2026 Tadar Mangku Age: 54 Occupation : Address:Son of Late Tadar Tagam permanent resident of Village Langht Loth PO and PS Nyapin Kurung Kumey District Arunachal Pradesh 791118 and presently residing at Pachin Colony PO and PS Naharlagun Papumpare District Arunachal Pradesh 791110 VERSUS Tai Nikio Age: 0 Occupation : Address:Son of Late Tai Kami permanent resident of Village Peel PO and PS Sangram Kurung Kumey District Arunachal Pradesh 791118 and presently residing at Karsingsa Doimukh Papumpare District Arunachal Pradesh 791123 ------------ Advocate for : D Tadar Advocate for : Rinchin Ledo Thungon appearing for Tai Nikio: Advocate appearing for respectively. Page No.# 2/8 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 16.03.2026 Heard Mr. R. Biswas, learned counsel for the applicant/election petitioner. Also heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. A. R. Gogoi, learned counsel for the opposite party/respondent. By filing this application, the applicant/election petitioner has sought for issuance of summons to produce the following documents from:- i) The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi-110001 ii) Chief Electoral Officer, Nirvachan Bhawan, F-Sector, Itanagar- 791111,Arunachal Pradesh A. 1. Election Notification dated 20.03.2024 under Section 15 of the Representation of People’s Act in respect of election to 11th Legislative Assembly, Arunachal Pradesh 2. Election Notification dated 20.03.2024 under Section 30 of the Representation of People’s Act in respect of election to 11th Legislative Assembly, Arunachal Pradesh 3. Letter No. EN-OP/CE-22/2024 dated 10.04.2024 issued by the Office of the Chief Electoral Officer, Arunachal Pradesh 4. Election Petitioner’s complaint dated 20.05.2024 against DEO and RO of 19th Nyapin Assembly Constituency and information regarding Page No.# 3/8 bogus/dead voters, etc submitted before the Chief Electoral Officer, Arunachal Pradesh 5. Election Petitioner’s complaint dated 18.06.2024 submitted before the Chief Election Commissioner, New Delhi. From:- i) District Election Officer cum Deputy Commissioenr, Koloriang, Kurung Kumey- 791118, Arunachal Pradesh. ii) District Election Officer cum Deputy Commissioner, Yupia, Papum Pare791110, Arunachal Pradesh. B. 1. Result-Sheet (Form 20) dated 02.06.2024 in respect of 19 Nyapin (ST) Legislative Assembly Constituency. 2. Complaint dated 27.10.2023 filed by Sri Tadar Nilo regarding Bogus/Fake voters in the voter list of the Polling Station No. 16- Pagba, 29-Kambang and 30-Peel in 19th Nyapin S/T Assembly Constituency. 3. Form 26 Affidavit of Sri Tai Nikio, the Returned Candidate in 19th Nyapin S/T Assembly Constituency. 4. Form C2 filed by Political Party of Sri Tai Nikio, the Returned Candidate stating the list of cases pending against him. 5. The Electoral Roll for the Polling Station of Peel, Kambang, Pagba and Rowa. 6. Letter dated 09.04.2024 written by Sri Tadar Mangku to the District Election Officer, Kurung Kumey, requesting for maintaining precaution in the hypersensitive polling station under 19th Nyapin Page No.# 4/8 (ST) Assembly Constituency. 7. Letter under No. KK/ELN/LA/LS/2024 dated 10.04.2024 issued by the District Election Officer, Kurung Kumey to all Booth Level Officers of 19 Nyapin and 21 Koloriang (ST) Assembly Constituency 8. Complaint dated 12.04.2024 filed by Sri Tadar Mangku before the District Election Officer, Kurung Kumey pointing out the bogus voters in the 16-Pagba polling station in 19-Nyapin Assembly Constituency. 9. Complaint dated 12.04.2024 filed by Sri Tadar Mangku before the District Election Officer, Kurung Kumey pointing out the bogus voters in the 24 Rowa polling station in 19 Nyapin Assembly Constituency. 10. Complaint dated 13.04.2024 filed by Sri Tadar Mangku before the District Election Officer, Kurung Kumey pointing out the bogus voters in the 30- Peel polling station in 19-Nyapin Assembly Constituency. 11. Letter under No. EN/OP/Conduct of Election/2024-Part (1) dated 15.04.2024 issued by Deputy Chief Electoral Officer, Arunachal Pradesh to District Election Officer, Kurung Kumey along with Letter under No. NPN/ELN/LA/LS/2024 dated 15.04.2024 issued by Returning Officer, 19-Nyapin Assembly Constituency. 12. Letter under No. Nil dated 15.04.2024 issued by Booth Level Officer, 30-Peel Polling Station to AERO, Sangram. 13. Complaint dated 19.04.2024 filed by Shri Tai Radey to the Returning Officer, 19 Nyapin (ST) Assembly Constituency about threatening by BJP workers. Page No.# 5/8 14. Complaint dated 19.04.2024 filed by Sri Tadar Mangku to the Returning Officer, 19 Nyapin (ST) Assembly Constituency pointing out instances of poll rigging at 16-Pagba, 30-Peel, and 29- Kambang polling stations. 15. Complaint dated 22.04.2024 filed by Sri Tadar Mangku to the Returning Officer, 19 Nyapin (ST) Assembly Constituency about the poll rigging at the 16- Pagba, 30-Peel, 29-Kambang and 24-Rowa Polling stations. 16. Letter dated 15.05.2024 by Sri Tadar Mangku to the Returning Officer, 19 Nyapin (ST) Assembly Constituency requesting for the complete record pertaining to the polling, including videography and the machine wise data of the number of electors who voted in 19 Nyapin (ST) Assembly Constituency. 17. Arms Report of the Deputy Commissioner, Kurung Kumey District, Koloriang, Government of Arunachal Pradesh 18. Form 17A (register of voters) maintained under Rule 49L of the Conduct of Election Rules, 1961 at 30-Peel, 29-Kambang, 16-Pagba and 24-Rowa polling stations. 19. The marked copy of the Elector Roll at 30-Peel, 29-Kambang, 16- Pagba and 24-Rowa Polling Stations maintained as per Clause 11.18.1 of the Handbook of Returning Officer, 2023. 20. All applications under Form 12, Form 12-A and Form 12-C received in respect of electors of 19 Nyapin (ST) Assembly Constituency. 21. Marked Copy of Electoral Roll in respect of 19 Nyapin (ST) Page No.# 6/8 Assembly Constituency pertaining to all voters who cast votes by Postal Ballots. 22. Registers of Voters in Form 17-A in respect of voters who had cast votes on Postal Ballots in 19 Nyapin (ST) Assembly Constituency. 23. Packet of all the Postal Ballot Papers of valid, tendered or rejected Postal Ballots in respect of 19 Nyapin (ST) Assembly Constituency. 24. The marked copy of the Elector Roll, Form 17A and 17C maintained under Rule 49 of the Conduct of Election Rules, 1961 of all polling stations of 19 Nyapin (ST) Assembly Constituency as well as 33-Kimin Polling Station and 33- Kimin Polling Station (Under Doimukh Assembly Constituency) 25. RTI Reply under No. NPN/RTI-289/2018-19/226 dated 10.04.2025 issued by the Additional Deputy Commissioner, Nyapin to Sri Tadar Tabo along with File 2 Note Sheet of Approval for Issue of Transfer of Arms License of Sri Tai Nikio, Application dated 18.03.2024 filed by Sri Tai Nikio before Additional Deputy Commissioner, Nyapin requesting transfer of Arms, Application of Arms Transfer submitted by Sri Tai Nikio in Form B-2 (Weapon Delete) bearing Serial No. 0084 dated 22.03.2024 affidavit for transfer of Arms License dated 21.03.2024 submitted by Sri Tai Nikio and Application Form in Form A-1 submitted by Sri Tai Tady, Son of Sri Tai Nikio. From i) Station House Officer, Nyapin Police Station, Nyapin, Page No.# 7/8 Kurung Kumey-791118, Arunachal Pradesh. C.1. Complaint dated 16.05.2024 filed by Sri Tadar Mangku before the Station House Officer, Nyapin Police Station. iii) PW-1/30: Copy of letter dated 01.05.2024 from Nodal Officer regarding Postal Ballot from District Election Officer cum Deputy Commissioner, Koloriang, Kurung Kumey, Arunachal Pradesh. iv) PW-1/34: RTI application of Shri Tader Tabo to OC, Sangarm Police Station: Sangram (NOC for arms transfer) from OC, Sangram Police Station Kurung Kumey, Arunachal Pradesh. v) PW-1/35: RTI reply dated 15.04.2025 from OC, Sangram Police Station, Kurung Kumey, Arunachal Pradesh. vi) PW-1/36: RTI application of Tader Tabo to Addl. Deputy Commissioner Nyapin from Additional Deputy Commissioner, Nyapin, Kurung Kumey, Arunachal Pradesh. vii) PW-1/37: RTI reply dated 10.04.2025 from Addl. Deputy Commissioner Nyapin with documents showing arms transfer from Additional Deputy Commissioner, Nyapin, Kurung Kumey- 791118, Arunachal Pradesh. Having considered the submissions of learned counsel for the parties, the present interlocutory application is allowed. Accordingly, let summons be issued to the Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi-110001; Chief Electoral Officer, Page No.# 8/8 Nirvachan Bhawan, F-Sector, Itanagar-791111, Arunachal Pradesh; District Election Officer cum Deputy Commissioner, Koloriang, Kurung Kumey-791118, Arunachal Pradesh; District Election Officer cum Deputy Commissioner, Yupia, Papum-Pare- 791110, Arunachal Pradesh; Station House Officer, Nyapin Police Station, Nyapin, Kurung Kumey- 791118, Arunachal Pradesh; OC, Sangram Police Station, Kurung Kumey, Arunachal Pradesh; and Additional Deputy Commissioner, Nyapin, Kurung Kumey, Arunachal Pradesh, to produce the above referred documents on 07.04.2026. Interlocutory application stands disposed of. JUDGE Comparing Assistant