AIZAWL, April 19 - Kali Kumar Tongchongya, a Congress candidate whose election to the Fultuli seat in the Chakma Autonomous District Council in southern Mizoram has been stayed by the Gauhati High Court, will file a petition seeking vacation of the stay order.
Tongchongya was declared elected uncontested after his sole opponent, Sumir Tongchongya (of the Mizo National Front), was disqualified on grounds that his seconder was a government employee under the CADC, which is against Rule 153 of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002.
After the MNF candidate filed a writ petition in the Gauhati High Court, the Aizawl bench of the High Court stayed the certificate of election of Tongchongya from the Fultuli seat on April 10.
Mizoram Pradesh Congress Committee media cell chairman James Thanghmingmawia said on Wednesday that the court issued the stay order as the defendant could not be summoned to the court on that day. �It is clearly mentioned in the order that the defendant can seek vacation of the stay,� he said. He added, �The stay order does not mean the election of Kali Kumar Tongchongya has been nullified and that Sumir Tongchongya has won.�
�As the court has remained closed since April 16 and will reopen only on April 21, Tongchongya will file his petition on the reopening of the court, and I hope he gets justice,� Thanghmingmawia said.
By the time Tongchongya files his petition and the court makes a judgment, election to the remaining 19 elected seats of the Chakma Autonomous District Council will be over.
According the Congress media cell chairman, Sumir Tongchongya filed the writ petition keeping in mind the court holidays from April 16 to 20 that would bar his opponent from filing a petition before the election.
Election to the 20 elected seats, except for the Fultuli seat, in the CADC will be held on April 20. Four of the 24 seats in the CADC are nominated.
On April 5, Sumir Tongchongya was disqualified by the Lawngtlai Deputy Commissioner and returning officer N Chakhai on the grounds that his seconder was a muster roll employee of the Government.