MOHDBUL HAQUE Vs. BANENDRA KUMAR MUSHAHARY

JUDGEMENT

(1.) This petition under Section 80 and 80A of the Representation of the People Act, 1951, hereinafter referred to as the Act has been filed by the petitioner Shri Mohibul Haque challenging the election of the sole respondent Shri Banendra Kumar Mushahary to the Assam Legislative Assembly from No. 24 Gauripur Legislative Assembly Constituency in the general election held in the year. 2001.

(2.) The petitioner was a candidate from Indian National Congress while the Respondent was a candidate of Asom Gana Parishad. The result of the election was declared on 14.05.2001 declaring the respondent elected from the above constituency. The petitioner had polled 47332 votes as against 50624 polled by the Respondent.

(3.) The election of the respondent has been challenged on the ground of corrupt practice of bribery and booth capturing. It is alleged that on 8.5.2001 at about 9 P.M., the returned candidate along with two other unknown persons visited the house of Md. Jalaluddin Sheikh at village Chapgarh Part-I within the jurisdiction of Polling Station No. 48(Ka). The said two unknown persons collected some villagers namely-Md. Abdul Sattar, Ajijur Rahman, Kashim Ali Sheikh, Md. Samsul Haque and Noor Mohammad Sarkar and they were paid Rs. 2000/- each by the returned candidate as consideration for casting their ^ otes in his favour. The respondent also handed over a bundle of 500 rupees notes to Prof.. Noor Mohammad Sarkar directing him to distribute the same to the villagers of Chapgarh Part-I. The petitioner came to know of the same transaction on 15.5.2001 from Md. Jalaluddin Sheikh and Prof. Noor Mohammad Sarkar.