NAZRUL ISLAM LASKAR Vs. AFSAR HUSSAIN LASKAR

JUDGEMENT

(1.) The petitioner seeks to invoke the extraordinary jurisdiction of this Court to over turn the judgment and order dated 13.8.04 passed by the learned District Judge, Cachar, Silchar, in Title Suit No. (Election) 13/2002 directing a recount of votes and fresh declaration of the results of the election of the Zila Parishad member to the Sonai (North) Zila Parishad constituency No. 03/03 under Cachar Zila Parishad.

(2.) I have heard Mr. NM Lahiri, Sr. Advocate assisted by Mr. N. Choudhury, Advocate for the petitioner and Mr. AM Mazumdar, Sr. Advocate assisted by Mr. D. Mazumdar, Advocate for the respondent No. 1/election petitioner.

(3.) The necessary facts are outlined in the pleadings. In pursuance of the Assam State Election Commission's notification No. ACC 29/2001/107 dated 19.11.2001 and notifications dated 23.11.2001 and 27.11.2001, issued by the District Election Officer, Silchar, Cachar, the Panchayat electicons were held in the district of Cachar in two phases on 27.12.200 land 31.12.2001. The petitioner, respondent No. 1 and 2 contested for election of Zila Parishad member to the Sonai (North) 03.03 Zila Parishad Constituency under Cachar Zila Parishad. Where as the petitioner and the respondent No. 2 were set up by the Bharatiya Janata Party and the Indian National Congress (I) respectively, the respondent No. 1 was in the fray as an independent candidate. Their nominations having been found to be valid, there was a triangular contest. Re-polling in three polling stations was held on 2.1.2002. Following the counting of ballot papers on 3.1.2002 in presence of the contesting candidates and their agents, results were declared on 5.2.2002. The total valid votes numbering 23.378 got apportioned as follows : Petitioner (respondent No. 1 in the Election Petition) 8306 [Respondent No. 1 (Election Petitioner) 8296 Respondent No. 2 6776 The petitioner was, therefore, declared to be elected by a margin of 10 votes.