AJOY SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. D. Mazumdar along with Mr. H.I. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Chakraborty, learned counsel representing the respondent No.4. I have also heard Mrs. K.K. Choudhury, learned State Counsel.

(2.) THIS writ petition is directed against the order dated 07/01/2014 passed by the learned District Judge, Karimganj acting as the Election Tribunal in Misc. (Election) Case No. 61/2013, by which allowing the prayer of the respondent No.4 who has filed the said election petition, direction has been issued to the District Magistrate, Karimganj to send all the ballot boxes of the concerned Gaon Panchayat for recounting. In the instant case, we are concerned with the election pertaining to the post of President of 93, Bagbari Gaon Panchayat in the district of Karimganj. According to the election results, while the petitioner secured 957 votes, the respondent No.4 secured 944 votes. Thus, there is difference of only 13 votes. It is the case of the respondent No.4 that in fact he has secured 957 votes as against 944 votes secured by the petitioner. In the election petitioner that has been filed under Section 129(b) and Section 127 of the Assam Panchayat Act, 1994, the respondent No.4 has interalia contended as follows : -

(3.) RESPONDING to the election petition, the petitioner submitted written statement and was and so also by the official respondents i.e. the opposite party No.1, 2 and 3. The respondent No.4 also adduced evidence in the form of affidavits ( total 3) and they were also cross examined. The petitioner also examined 3 witnesses including himself and they were also cross examined.