BANENDRA KUMAR MUSHAHARY Vs. MOHAMMAD MOHIBUL HAQUE

JUDGEMENT

(1.) The opposite party herein, filed Election Petition No. 2/2001 challenging the election of the Respondent Shri Banendra Kumar Mushahary to the Assam Legislative Assembly from Gouripur Constituency in the last election held on 10-5-2001. The Respondent Shri Mushahary in this application challenged the maintainability of the election petition on the ground that the election petitioner is not an elector or a candidate in the election and the election petition was not presented in person by the election petitioner on 20-6-2001 in accordance with the provisions of law.

(2.) The election petitioner in his reply specifically averred that he is the person whose name appears against Serial No. 1445 in the electoral roll of the Polling Station No. 86 (KA) at Dihidarpar M. V. School and that he had contested the election in the year 2001. It is further submitted that the election petition was presented in person by him on 20-6-2001 before the Stamp Reporter, an officer duly empowered under Rule 1 of Chapter VIII-A of the Gauhati High Court Rules.

(3.) I have heard Shri N.M.Lahiri, learned senior counsel for the applicant (respondent) and Shri A.M.Mazumdar, learned senior counsel for the opposite party (election petitioner).