ABU SALEH NAJMUDDIN Vs. L PANGCHU

JUDGEMENT

(1.) Heard Mr. N.M. Lahiri, learned senior counsel for the respondent and Mr. A.M. Mazumdar, learned senior counsel for the petitioner.

(2.) In the last general Election held on 10.5.2001, Sri Jamal Uddin Ahmed, hereinafter referred as 'respondent' for the convenience, was declared elected to the Assam Legislative Assembly from No. 5, Badarpur Legislative Assembly Constituency. The said election was challenged by the Abu Saleh Najmuddin, the Election Petitioner, hereinafter referred to as the 'petitioner', in Election Petition No. 16 of 2001. The said Election Petition was assigned to this Court by Hon'ble Chief Justice u/s 80A(2) of the Representation of the People Act for short the 'Act'.

(3.) The respondents had filed Misc. Case No. 26 of 2001 praying for dismissal of the Election Petition u/s 86(1) of the Act mainly on the plea that the Election Petition was not filed in a proper manner and as such, it is not maintainable under the law.