KHABIRAN NESSA Vs. DISTRICT JUDGE GOALPARA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the order dated 16-7-92 passed by Shri L. C. Baruah, District Judge, Goalpara in Misc. (Election) Case No. 22/92 setting aside the election of the petitioner and declaring the respondent No. 2, Musstt Noorjahan Begum elected as President of Nabagata Similitola, Gaon Panchayat.

(2.) In the election for the Presidentship of 46 Nabagata Similitola Goan Panchayat held on 24-2-92, the petitioner was declared elected for securing highest number of votes. Her election wad challenged in Misc. (Election) Case No. 22/92 by the respondent No. 2 Musstt Noorjahan Begum. In the application for setting aside the election, Musstt Noorjahan Begum amongst others alleged that there were anomalies in the counting of ballots. After receipt of the notice, the petitioner contested the case and filed written statement specifically denying the allegations made in the petition. The learned District Judge thereafter, on the pleadings of the parties framed as many as 6 issues. After framing the issues, the learned District Judge, however, without requiring the parties to adduce evidence in support of their contentions and without deciding whether there was any anomaly in the counting decided to inspect and count the votes polled in favour of the candidates. After inspection and recounting the learned District Judge by the impugned judgment held that respondent No. 2, secured 15 votes more than the petitioner in the election and consequently set aside the election of the petitioner and declared the respondent No. 2 to have been elected. Feeling aggrieved, the petitioner has approached in this petition.

(3.) I have heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. M. A. Shiekh, learned counsel for the respondent No. 2 and also perused the materials placed before me.