The District Election Officer v. Nyasam Jongsam Adn 3 Ors

ORDER Date : 24-10-2024 Heard Ms. N. Anju, learned counsel for the applicant. Also heard Mr. Nyasam Jongsam, petitioner-in-person as opposite party. The present application is filed by the District Election Officer (DEO) of Changlang District with a prayer to release the Electronic Voting Machines (EVMs/VVPATS) for further use, which are kept in strong room under the custody of the DEO of Changlang District as the election to the 53-Changlang North (ST) Assembly Constituency is challenged in the connected Election Petition No. 02/

(AP)2024. The parties have submitted that the EVMs will have no relevance nor it can be used as evidence in the election proceeding and therefore, the contesting parties have no objection if the present applicant is allowed. In view of the above, the present interlocutory application is allowed. Page No.# 4/4 The District Election Officer of Changlang District shall be at liberty to take out the Electronic Voting Machines (EVMs/VVPATS) of the 53-Changlang North (ST) Assembly Constituency of for further use, as and when required. Accordingly, the interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040010822024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/140/2024 The District Election Officer represented by Shri Marpe Riba, Son of Late K Riba, presently serving as Dy Deputy DEO, DEO Office, Changlang, PO and PS Changlang, District Changlang, Arunachal Pradesh VERSUS Nyasam Jongsam adn 3 Ors Son of Late Khombang Jongsam, resident of Rangkatu, PO Chanaglang, PS Changlang, District Changlang, Arunachal Pradesh 792120 2:Shi Tesam Pongte Son of Shri Khodong Pongte Resident of Changlang Town 3:Shri Dihom Kitnya Son of Shri Nokchom Kitnya resident of Village Hatongchu 4:Smti Marina Kenglang Page No.# 2/4 Daughter of Late Yan Tikhak resident of Old Changlang Village Arunachal Pradesh 79212 Advocate for the Petitioner : Nani Anju, Advocate for the Respondent : Appear in person, Linked Case : Election Pet./2/2024 Shri Nyasam Jongsam Age: 50 Address:Son of Late Khombang Jongsam resident of Rangkatu PO Chanaglang VERSUS Shi Tesam Pongte and 2 Ors Address:Son of Shri Khodong Pongte Resident of Changlang Town Arunachal Pradesh 2:Shri Dihom Kitnya Address:Son of Shri Nokchom Kitnya resident of Village Hatongchu Page No.# 3/4 3:Smti Marina Kenglang Address:Daughter of Late Yan Tikhak resident of Old Changlang Village ------------ Advocate for : Petitioner in Person Advocate for : Gegum Lollen appearing for Shi Tesam Pongte and 2 Ors: Advocate , BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY