REKHA RANI BHARALUA Vs. KABITA GOGOI

JUDGEMENT

(1.) By this writ petition filed under Article 226 read with Article 227 of the Constitution of India, the judgment and order, dated 23.12.2008, passed by the learned District Judge, Sivasagar, Assam (hereinafter referred to as 'the Election Tribunal'), in Misc. (Election) Case No. 78/2008, the W.T. Message, dated 02.02.2009, issued by the Under Secretary, Assam State Election Commission, Dispur, Guwahati and the Notification, dated 03.02.2009, issued by the Deputy Commissioner, Sivasagar have been challenged. By the impugned judgment and order aforesaid, the learned District Judge, acting as the Election Tribunal, on the basis of the order, dated 10.11.2008, passed in Misc. (Election) Case No. 78/2008, directing re-counting of the ballot papers, declared the Respondent No. 1, to be duly elected as the member of No. 7 Sukhanpukhuri Anchalik Panchayat constituency, in the election held on 31.12.2007. Pursuant to the said judgment and order, the Deputy Commissioner and the Returning Officer, Sivasagar, by Notification, dated 03.02.2009, on the basis of the approval received vide W.T. message dated 02.02.2009, received from the State Election Commissioner, issued a Notification, declaring the Respondent No. 1, to be elected returned from the No. 7 Sukhanpukhuri Anchalik Panchayat constituency.

(2.) Heard Mr. G.N. Sahewalla, learned senior counsel, assisted by Md. Aslam, learned Counsel appearing on behalf of the Petitioner and Mr. T.J. Mahanta, learned Counsel appearing on behalf of the Respondents.

(3.) The facts, giving rise to this writ petition, may be, briefly summarised, as follows: