LAWS(SC)-2019-2-354

SUNIL RAJKNOWAR Vs. JIBONTARA GHATOWAR

Decided On February 20, 2019
Sunil Rajknowar Appellant
V/S
JIBONTARA GHATOWAR Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant against the impugned order dated 11.06.2013 passed by the Guwahati High Court in Election Petition No.4 of 2011 whereby the High Court dismissed the said petition filed by him.

(2.) The appellant had charged the respondent, a returned candidate, for inter alia exerting undue influence on the Electorate which amounts to a corrupt practice under Sec. 123(2) of the Representation of People Act, 1951 (for short, the "RP Act").

(3.) The facts on which this charge was sought to be supported are, that the respondent - returned candidate had furnished incorrect and false information by stating in the statutory form submitted under Sec. 33A of the RP Act that the offences pending against her were nil, that is, none were pending. Sec. 33A of the RP Act reads as under :