The Case of Three Vehicles

Karikho Kri-Independent, Dr. Mohesh Chai-Bharatiya Janata Party and Nuney Tayang-Indian National Congress contested from 44 Tezu (ST) Assembly on 11.04.2019. Karikho Kri emerged victorious with 7538 votes, while Dr. Mohesh Chai secured 7383 and Nuney Tayang secured 1088 votes.

Once it is accepted, Kri’s Kinetic Zing Scooty-AR-11/4474, Maruti Omni Van-AR-11A/3100 and TVS Star City Motorcycle-AR-11/685 were either gifted or sold before filing of nomination, said cannot be considered to be still owned by Karikho Kri’s Wife and Son for purposes other than those covered by The Motor Vehicles Act, 1988. This was completely lost sight of by High Court. In our considered opinion, it made all the difference.

Every case would have to turn on its own peculiarities. For example, a candidate who owns several high-priced watches, which would aggregate to a huge figure in terms of monetary value, would obviously have to disclose same. The suppression of same would constitute ‘undue influence’. However, if a candidate owns a simple watch, which is not highly priced, the suppression of same may not amount to a defect at all.

The election of Karikho Kri from 44 Tezu (ST) Assembly is upheld.

Hon’ble Justice Sanjay Kumar, Karikho Kri v. Nuney Tayang, [Civil Appeal No. 4615 of 2023].