The Meghalaya High Court has upheld the decision of the single bench of the court in rejecting the plea of Tennydard M. Marak to declare the election of cabinet minister and Williamnagar MLA Marcuise N. Marak as null and void and to call for fresh election.
The division bench of the High Court comprising Chief Justice Sanjib Banerjee and Justice B Bhattacharjee in a judgement passed today said the order passed by the single bench of the court on August 22 was correct.
“There is no room for interference with the reasons indicated in the judgment and order impugned,” the division bench said.
Rejecting the writ appeal filed by Tennydard, the High Court also imposed a Rs 15,000 fine on him which should be paid by him to the Meghalaya State Legal Services Authority within four weeks from today failing which his assets will be sold as per the amount of fine.
It may be mentioned that the single bench of the High Court in its order passed on August 22 had referred to the provisions of the Constitution and the Representation of People Act, 1951 together with the Conduct of the Election Rules, 1961 to hold that Tennydard had no right to have the election of the successful candidate (Marcuise N. Marak) cancelled or annulled since the only authority in such regard would be the Election Commission.
Further, the single bench of the court held that once a candidate had been declared elected, it was only by way of an election petition that the result could be annulled.
“Since the appellant herein could not have filed an election petition and the failed candidates, who were directly affected by the result of the election, did not lodge any complaint or file any election petition, the entire exercise by the appellant herein was a farce,” the division bench said.
