Tai Nikio v. Tadar Mangku

ORDER

27.09.2024

Heard Mr. P.K. Tiwari, learned Senior Counsel assisted by Mr. T. Lamgu, learned counsel for the applicant/respondent. Also heard Mr. R. Biswas, learned counsel for opposite party/petitioner. This is an application under Section VIII Rule I of the Code of Civil Procedure, 1908 seeking grant of time for filing written statement in Election Petition No. 07/2024. Mr. P.K. Tiwari, learned Senior Counsel submits that the applicant has received the Election Petition by dasti mode on 01.09.2024. He submits that the applicant has filed the application under Order VII and Rule 11 assailing the Page No.# 3/3 maintainability of the election petition and also an application under Order VI Rule 16 of the Code of Civl Procedure, 1908 for striking off pleadings in the election petition. Therefore, since the applicant has received the election petition by dasti mode only on 01.09.2024 and the applications with regard to the maintainability and striking off pleadings in the election petition are pending consideration, the applicant may be granted 20 (twenty) days time to file his written statement. Mr. R. Biswas, learned counsel for the opposite party has submitted that, al-though the election petition was served to the applicant on 30.08.2024, he would not have serious objection for granting 20(twenty) days time to file written statement. Having considered the submissions of the learned counsel for the parties and considering that the election petition has been served by dasti mode to the applicant only on 01.09.2024, I deem it appropriate to grant 20 days time to file written statement to the applicant. Accordingly, 20(twenty) days time is granted to the applicant/respondent to file his written statement. This I.A.(C) 181/2024 stands allowed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040008752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Election Pet./7/2024 Tadar Mangku 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 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 the Petitioner : D J Kapil, D Tadar,K Posi Advocate for the Respondent : , Linked Case : IA(C)/181/2024 Tai Nikio Age: 54 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 Page No.# 2/3 Arunachal Pradesh 791123 VERSUS 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 ------------ Advocate for : Tabing Lamgu Advocate for : K Posi appearing for Tadar Mangku: Advocate appearing for respectively. B E F O R E HON'BLE MR. JUSTICE KARDAK ETE