SWAPAN KUMAR MANDAL Vs. MOFIJUDDIN AHMED

JUDGEMENT

(1.) HEARD Mr. Choudhury, learned counsel for the petitioner and Mr. Biswas, learned counsel appearing for the respondent No.1. Also heard Mr. Das, learned State counsel appearing for the respondent Nos.2 and 3.

(2.) THE petitioner, who is the returned candidate and respondent in Misc. Case No.3/2008 (filed the Election Petition No.1/2008), by the present petition has challenged the order dated 6th September, 2008 passed by the learned District Judge, Morigaon rejecting the prayer of the petitioner for dismissal of the election petition on the ground of non discloser of cause of action, however, allowing the prayer of the petitioner for striking out the pleadings in paragraph-4 of the election petition.

(3.) RELATING to the contention of the learned counsel for the petitioner of allowing the election petitioner to make roving enquiry, in view of the observation made in paragraph-15 of the impugned order, it has been submitted by Mr. Biswas that it is a settled position of law that the election petitioner cannot be allowed to make roving enquiry and he will lead evidence on the basis of the pleadings in the election petition only. The learned counsel further submits that in any case, the observation made by the Election Tribunal in paragraph-15 of the impugned order would naturally not be taken into consideration while deciding the election petition filed.