LAWS(GAU)-2002-8-22

UTPAL DUTTA Vs. INDRA GOGOI

Decided On August 29, 2002
UTPAL DUTTA Appellant
V/S
INDRA GOGOI Respondents

JUDGEMENT

(1.) The maintainability of the Election Petition No. 7/2001 presented by the opposite party/election petitioner has been challenged in this misc. application by the applicant/respondent who has been declared elected as the member of the Assam Legislative Assembly from No.111 Lakhimpur Legislative Assembly in the last General Assembly Election held on 10.5.01. In the election petition, the election petitioner who was a candidate from Indian National Congress Party in the said election, has sought for a declaration of the election of the applicant/respondent belonging to Asom Gana Parishad party to be void on the ground of corrupt practice.

(2.) The following are the two issues raised questioning the maintainability of the election petition.

(3.) Heard Mr N. Choudhury, the learned counsel for the applicant/respondent, the returned candidate and Mr S.S. Dey, the learned counsel appearing on behalf of the election petitioner/opposite party.