KALYAN KUMAR GOGOI Vs. ASHUTOSH AGNIHOTRI

JUDGEMENT

(1.) This appeal, filed under Section 116A of the Representation of People Act, 1951 ("the Act" for short), is directed against judgment dated August 28, 2007, rendered by the learned Single Judge of the Gauhati High Court in Election Petition No. 4 of 2006, by which the prayers made by the appellant to declare the election of the respondent No. 2, who is returned candidate from Legislative Assembly Constituency of Dibrugarh, to be void and to order repoll in Polling Station No. 124 Manik Dutta L.P. School (Madhya) of 116 Dibrugarh Legislative Assembly Constituency, are rejected.

(2.) The facts emerging from the record of the case are as under: -

(3.) Thereupon, the appellant filed Election Petition No. 4 of 2006 on June 21, 2006 before the Gauhati High Court under Sections 80, 80(A) and 81 of the Act seeking a declaration that the election of the respondent No. 2 from constituency concerned was void and an order directing repolling in Polling Station notified be made.