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(emphasis supplied) A direction was also issued in the case that columns in the affidavit shall not be left vacant.

60. In Mairembam Prithviraj and Others v. Pukhrem Sharatchandra Singh and Others [AIR 2016 SC 5087] was relied on by the learned counsel for the Election Petitioner, the candidate mentioned his educational qualification as MBA from Mysore University, which he never did. Respondent in the Election Petition objected to the nomination paper at the time of scrutiny stating that false declaration relating to educational qualification was made by the Election Petitioner. The returning officer directed him to submit documents in proof of his educational qualifications as declared in the affidavit filed under Form 26 but, he failed to produce those. Inspite of the production of those as directed, the returning officer accepted his nomination Polling took place and the Election Petitioner who secured 14,521 votes was declared elected as MLA from the Election Petition No. 10 of 2021 Manipur Legislative Assembly, on 04.01.2012. That was challenged in an Election Petition, the High Court of Guwahati on the ground of improper acceptance of the Nomination and corrupt practices of the appellant. The Election Petitioner denied the allegation of false declaration. He also took a stand that the declaration made by him that he passed MBA from Mysore University in 2004 was a clerical error. The respondent abandoned the allegation of corrupt practices and other electoral Malpractices during the trial of the Election Petition in the High Court. After careful consideration of the materials on record and various judgments cited by the parties, the High Court concluded that the declaration made by the appellant in Form 26 about the educational qualification, as MBA from Mysore University was false. The plea of the Election Petitioner that the defect in Form 26 was due to a clerical error was rejected. The contention of the Election Petitioner that providing wrong information about the educational qualification was not a defect of substantial character was also rejected.

Form 2B.
Nomination Paper (See rule 4) Election to the Legislative Assembly of.........(State) (To be filled in by the proposer) Election Petition No. 10 of 2021 I hereby nominate................as a candidate for election from the.................. Assembly Constituency.
1. Full name of proposer..................

75. In Karikho Kri v. Nuney Tayang and Another [2024 KHC OnLine 6200(SC)], statutory appeal was preferred by Karikho Kri the appellant before the Itanagar Bench of the High Court which allowed the election in part declaring his election void under Sections 100(1)(b), Section 100(1)(d)(i) and (iv) of the Act of 1951. Against the judgment, Karikho Kri field appeal before the Hon'ble Apex Court. Nuney Tayang the opposite party also filed appeal. Both appeals were filed under Section 116 A of the Act. During the course of hearing, Karikho Kri filed IA No.73161/24 as fresh Schedule for election to the Legislative Assembly of the State of Arunachal Pradesh was notified on Election Petition No. 10 of 2021 16.03.2024, expressing his desire to contest the election, proposed to be held on 19.04.2024. He sought leave to contest as a candidate in the upcoming assembly election during the pendency of the appeal. The Apex Court stayed the operation of the impugned judgment and made it clear that any steps taken by Karikho Kri in view of the stay order would be subjected to the final decision that would be taken up on conclusion of the hearing of the appeals.

26.

78. With regard to non submission of 'No-due certificate' of electricity and water charges required to be submitted under Form 26, the High Court, noticed that Karikho Kri had occupied the government accommodation in MLA cottage for the period Election Petition No. 10 of 2021 2009-2014. According to Karikho Kri, he lost the election in 2014 and vacated the said accommodation. According to him when he filed his nomination for the Assembly Election in 2014 no-dues certificate was obtained by him after clearing off the dues and submitted it.