HISPREACHERING Vs. LAMBOR MALNGIANG

JUDGEMENT

(1.) Heard Mr. S.S. Dey, the learned counsel for Election petitioner and also heard Mr. S .P. Mahanta, the learned counsel for respondent No.l and Mr. S.R. Sen, the learned Senior counsel assisted by Mr. P.D.B. Baruah, learned counsel for respondent No. 2.

(2.) Briefly stated the case is that by notification dated 31.01.2003 the election to the Meghalaya Legislative Assembly was notified. According to the notification, the last date for filing of nomination papers was fixed on 07.02.2003. The scrutiny of nomination papers was fixed on 08.02.2003 and the last date for withdrawal of nomination papers was 10.02.2003. The date of polling was fixed on 26.02.2003 and the date of declaration of the resultwas 01.03.2003.

(3.) The petitioner and the respondent Mo. 1 and nine other candidates filed their nominations for the 26-Nongkrem (ST) Assembly Constituency. The election was duly hsld for the said constituency on 26.02.2003 and the result was declared on 01.03.2003. The petitioner secured a total of 2847 votes and the respondent No. 1 secured a total of 2S29 votes. The respondent No. 1 therefore, declared elected from the 26-Nongkrem (SfT) Assembly Constituency. The election petitioner contested as a candidate of "United Democratic Party" with the symbol of "Drum". The respondent No. 1 contested from "Khun Hynniewtrep National Awakening Movement" (KHNAM).