DIPAK CHANDRA RUHIDAS Vs. CHANDAN KUMAR SARKAR

JUDGEMENT

(1.) The Election Petition No. 17/2001 presented by one Sri Dipak Chandra Ruhidas, the Election Petitioner laying challenge to the election of Shri Chandan Kumar Sarkar, the respondent to Assam Legislative Assembly from No. 35 Abhayapuri South (S.C) Legislative Assembly constituency (hereinafter "LAC" for short) reserved for Scheduled Caste candidate alleging that the respondent is not a Scheduled Caste as claimed, has been assailed outrightly by the respondent/applicant by filing the instant Miscellaneous Application.

(2.) The last General Election to the Assam Legislative Assembly was held in the month of May, 2001. The LAC under reference, is a Reserved Constituency for the Scheduled Caste Community (hereinafter referred to as 'SC' in short). In this LAC the following dates were notified for the purpose of election - <FRM>JUDGEMENT_106_GAULR1_2003Html1.htm</FRM> After the counting of votes which took place on 13.5.2001 as referred above, the respondent/applicant was declared elected by the returning officer on 14.5. 2001.

(3.) The sole ground of criticism set out in the Election Petition is that although the respondent/applicant does not belong to S.C. community as he is not a member of 'Namasudra' community which is one of the recognised S.C. community of the State of Assam, his nomination has improperly accepted by holding him as S.C., and as such his election from the LAC reserved for S.C. is liable to be set aside.