In Brief
This case concerns the validity of an election from Pakke-Kessang (ST) Legislative Assembly Constituency in Arunachal Pradesh. The appellant (Kameng Dolo) was declared elected unopposed after the respondent (Atum Welly) withdrew his candidature. The respondent challenged this, claiming his withdrawal signature was forged and the procedure violated Section 37 of the Representation of the People Act, 1951 (which requires withdrawal notice to be delivered by the candidate himself, or by his proposer or authorized election agent). The High Court allowed the petition and voided the election. The Supreme Court upheld this, holding that where only two candidates contest and one is illegally kept out through flagrant breach of statutory withdrawal procedures, material effect on the election is conclusively established without need for further proof, since the electoral contest itself is destroyed.
The lawyer headnote and full judgment text are available to registered users.