Arunachal Pradesh: SC grants interim relief to BJP MLA in appeal against Gauhati HC’s order setting aside her election

On May 12, the Supreme Court of India granted interim relief to the Bharatiya Janata Party (BJP) MLA Dasanglu Pul, whose election was declared void by the Gauhati High Court vide an order dated April 25.

The Supreme Court noted that the matter requires detailed consideration to take a second look while listing the matter for hearing on September 6, 2023. The court further said that in the meantime by-elections shall not be held for the constituency represented by the petitioner.

The Supreme Court said that the BJP MLA would be entitled to all privileges as MLA and that she will be allowed to participate in all proceedings of the House and in the Committees. However, the court said that she would not be entitled to cast her vote on the Floor of the House and in the Committees where she participates as an MLA.

Gauhati High Court

On April 25, the Gauhati High Court declared Dasanglu Pul’s election null and void under the Representative of People Act for concealing information about her husband’s properties in her election affidavit.

The Congress candidate Lupalam Kri, who lost to Dasanglu Pul in 2019, challenged her win before the Gauhati High Court that she did not declare her husband’s properties in her election affidavit. It is pertinent to note that Dasanglu Pul is the widow of former Arunachal Pradesh Chief Minister Kalikho Pul, who committed suicide in 2016.

Dasanglu Pul contended that Kalikho Pul’s first wife was declared the legal heir to her husband’s properties and had said that she relinquished all claims over those properties. However, the High Court said that when she filled her election affidavit, the properties were in her husband’s name and “Hence, she should have mentioned it in her affidavit.”