SHILLONG: Supporters of Julius Dorphang, the jailed Independent MLA from Mawhati, filed the nomination papers on his behalf in Nongpoh on Saturday.
Dorphang’s lawyer told The Shillong Times over phone that under the Representation of People’s Act (RPA), the MLA’s presence during filing of papers was not required.
When asked whether Dorphang would be able to personally campaign in the election, the lawyer did not comment saying the matter was pending in court.
The norm is that the affidavit should be sworn before the jail superintendent and anyone other than Dorphang can file the nominations before the returning officer. The RPA says that unless convicted anyone can contest the election.
The Supreme Court on July 10, 2013, ordered that a person lodged in jail would seize to be a voter and would be ineligible for contesting polls.
However, Parliament amended the RP Act with the additional section 62 (4) which gave protection to contesting candidates stating that unless convicted individuals can contest elections. The amendment was notified on October 9, 2013.
Dorphang was arrested for raping a 14-year-old girl in different locations, including at Marvelene’s Inn, which is run by Home Minister HDR Lyngdoh’s family. But he is yet to be convicted.
The nomination was filed around 1.45 pm on Saturday, said Anand Mangu, president of the Mawhati Constituency Political Committee.
