JIBONTARA GHATOWAR Vs. SARBANANDA SONOWAL

JUDGEMENT

(1.) General Elections the Assam Legislative Assembly were held in the months of April/May, 2001. For No. 115, Moran Legislative Assembly Constituency, the appellant, the respondent No. 1 and respondent No. 2 filed their nomination papers respectively as candidates of the Indian National Congress, Asom Gana Parishad and Nationalist Congress Party. The respondents No. 3, 4 and 5 filed their nomination papers as independent candidates. The appellants election symbol was Hand while that of the respondent No. 1 was Elephant. The respondent No. 1 was declared elected, defeating the nearest rival, the appellant, by a margin of 850 votes. The final result sheet shows the distribution of votes as under:-

(2.) The appellant filed an election petition laying challenge the election of the respondent No. 1 seeking its avoidance and also for declaring herself as duly elected. The success or failure of the election petition depended on the fate of the prayer for recount of ballot papers made in the election petition founded on the following grounds, as summed up by the High Court in its judgment:-

(3.) It is not necessary reproduce the pleadings of the parties in this judgment and it would suffice if the relevant issues are reproduced from the record of the High Court which highlight the controversy around which the trial of the election petition has moved. Issues Nos. 1 5 are as under:-