DEWAN JOYNAL ABEDIN Vs. WAZED ALI CHAUDHURY

JUDGEMENT

(1.) This election petition under Sections 80, 80-A, 81 and 100 of the Representation of the People Act, 1951, for short, the Act, has been preferred by the petitioner Shri Dewan Joynal Abedin, for short, the petitioner, challenging the election of the respondent Shri Wazed Ali Choudhury to the Assam Legislative Assembly in respect of No. 22, South Salmara Constituency, hereinafter referred as the LAC.

(2.) The election for the No. 22 South Salmare LAC, was held as per the Election Commission Notification dated 31-3-2001 along with the general election to the Assam State Legislative Assembly. The polling was held on 10-5-2001 and the votes were counted on 13-5-2001. Altogether either candidates including the petitioner and the respondent contested the election of the said LAC and as per the result of the election, declared on 14-5-2001, the actual number of votes received by the candidates were as below :-

(3.) The petitioner has chellenged the election of the respondent stating inter alia that the respondent has committed corrupt practices by distributing gifts like C.I. Sheets, Cash, Mike set to various Mosques, club etc. to induce the voters to vote for him. It is also alleged that the respondent hired boats for carrying the voters on the polling date free of charges. The respondent also held public meeting on 9-5-2001 and distributed the money to the voters.