HAFIZ RASHID AHMED CHOUDHURY Vs. MISSON RANJAN DAS

JUDGEMENT

(1.) The election of the respondent No. 1, returned candidate, to the Assam Legislative Assembly from the No. 3 North Karimganj Legislative Assembly Constituency has been sought to be challenged by means of the present election petition.

(2.) The truncated election petition, truncated by the order dated 7.2.2002 passed by this Court on an application for striking off would go to show that the general election to the Assam Legislative Assembly from all the 126 constituencies including the No. 3 North Karimganj Legislative Assembly Constituency (hereinafter referred to as the "Constituency") was called by the Election Commission with the following schedule: <FRM>as_680_GAULT1_2002.htm</FRM>

(3.) The election petitioner contested the said election from the Constituency as a U.M.F. candidate. Eight other candidates including the respondent No. 1 were also in the fray. At the conclusion of the poll and after counting of votes was over, the respondent No. 1 was declared elected having secured a total of 45,429 valid votes polled. The election petitioner on the other hand secured 28,108 votes. The difference, therefore, is of 17,321 votes. Not successful at the hustings, the instant election petition has been filed.