MD. FAZAL AHMED Vs. MD. NOZMUL ISLAM

JUDGEMENT

(1.) HEARD Mr. M.H. Rajborbhuiya, learned counsel along with Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. S.K. Talukdar, learned counsel representing the respondent No.1. I have also heard Mr. B.J. Ghosh, learned State Counsel appearing for the respondent No.2. This writ petition is directed against the order dated 03/03/3014 passed by the learned District Judge, Karimganj, acting as the Election Tribunal in Misc. (Election) Case No. 26/2013. By the said order, accepting the prayer of the election petitioner i.e. the respondent No.1, recounting of votes /ballots which is said to be fixed on day -after -tomorrow (20/03/2014).

(2.) THE matter pertains to election for the post of GP President, namely, No. 84 Malua, Srigouri G.P., for which election was held on 12/02/2013 and the results were declared on 15/02/2013. As against total 1212 votes secured by the petitioner, his nearest rival i.e. the respondent No.1 secured 1210 votes. Thus, there is a difference of only 2 votes.

(3.) THE respondent No.2 in responding to the election petition has also submitted written objection denying the pleas raised in the election petition. It is on record that while the e4lection petitioner examined 2 witnesses as PW -1 and PW -2, the respondent No. 1 i.e. the winning candidate examined altogether 6 witnesses as DW -1 to DW -6.