DIPAK CH RUHIDAS Vs. CHANDAN KR SARKAR

JUDGEMENT

(1.) The Election Petition No. 17/2001 presented by one Sri Dipak Chandra Ruhidas, the election petitioner laying challenge to the election of Shri Chandan Kumar Sarkar, the respondent to Assam Legislative Assembly from No. 35 Abhayapuri South (S.C.) Legislative Assembly Constituency (hereinafter referred to as "LAC" for short) reserved for Scheduled Caste candidate alleging that the respondent is not a Scheduled Caste as claimed, has been assailed outrightly by the respondent/applicant by filing the instant miscellaneous application.

(2.) The last general election to the Assam Legislative Assembly was held in the month of May, 2001. The LAC under reference, is a Reserved Constituency for the Scheduled Caste community (hereinafter referred to as "SC" in short). In this LAC the following dates were notified for the purpose of election: Last date of filing nomination : 23.4.2001 Date of scrutiny : 24.4.2001 Date of withrawal of candidature : 26.4.2001 Date of poll : 10.5.2001 Date of counting : 13.5.2001 After the counting of votes which took place on 13.5.2001 as referred above, the respondent/applicant was declared elected by the returning officer on 14.5.2001.

(3.) The sole ground of criticism set out in the election petition is that although the respondent/applicant does not belong to SC community as he is not a member of Namasudra' Community which is one of the recognised S.C. Community of the State of Assam, his nomination was improperly accepted by holding him as SC, and as such his election from the LAC reserved for SC, is liable to be set aside.