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HC dismisses petition against Marcuise Marak

Shillong, Aug 22: The High Court of Meghalaya has dismissed a petition filed by activist Tennydard Marak against Williamnagar MLA Marcuise Marak with a fine of Rs 15,000.

Tennydard had alleged that the Williamnagar MLA, now a cabinet minister, during the election campaign should have published his Report Card 2018-22 with photographs to prove his achievements but he misled and fooled the innocent voters by just publishing the Report Card without any photographic evidence which according to him is a violation of election model code of conduct.

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Tennydard had also filed an FIR with the police to investigate into the alleged anomalies.

He wanted directions from the court for registration of a case on the basis of his complaints.

However, the opinion of the police was that it is an election petition.

However, the petitioner, who once filed the election petition withdrew it as the time to file the plea lapsed as it should have been done within 45 days of the declaration of the result.

During the hearing, the Advocate General Amit Kumar submitted that the allegations contained in the writ petition are totally confined to allegations for violation of the Model Code of Conduct  by the MLA and as such, the writ petition on this ground itself is not maintainable, as the same is barred by Article 329(b) of the Constitution, which has laid down that no election to either House of Parliament or to the House of the Legislature of a State shall be called in question except by an election petition.

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