CHANDAN KR SARKAR Vs. DIPAK CH RUHIDAS

JUDGEMENT

(1.) The maintainability of the Election petition No. 17/2001 presented by the opposite party/ Election petitioner has been challenged by the respondent/applicant in this Misc. Case primarily on two grounds :- (a) That the instant election petition was not presented before this High Court in accordance with Section 81(1) of the Representation of People Act, 1951 (for short the 'Act') read with Rule 1 of Chapter VIII A of the Gauhati High Court Rules (for short the 'Rules') and (b) That the copies furnished to the applicant/Respondent do not bear the mandatory requirement of attestation under his own signature of the O.R/Election Petitioner as required under Section 81(3) of the Act and accordingly the applicant has sought for summary dismissal of the election petition under Section 86(1) of the Act holding that the same to be not maintainable.

(2.) I have heard Mr. J.M. Choudhury, learned Sr. Advocate with Mr. V. Hansaria and S. Sarma, the learned counsel appearing on behalf of the Applicant/respondent and Mr. A.B. Choudhury the learned counsel for the opposite party/Election Petitioner.

(3.) On consideration of the claims and counter claim advanced by the learned counsel for the parties in this Misc. application, this Court is of the view that since the question of presentation of the Election Petition itself is a purely disputed question of fact, the same needs to be formally proved by taking evidences in order to arrive at a just and proper decision on these contentious issues for which both the parties have agreed.