PADMANATH SARMAH Vs. HITENDRA NATH GOSWAMI

JUDGEMENT

(1.) Both the petitioner Shri Padmanath Sarmah, hereinafter referred to as the 'election petitioner and Shri Hitendra Nath Goswami (Respondent No. 1), hereinafter referred to as the 'returned candidate, along with others took part in the general election offering their candidatures for election to the .Assam Legislative Assembly from Jorhat Legislative Assembly Constituency No. 98

(2.) The election petitioner was set up by the Indian National Congress while the returned candidate by the Asom Gana Parr shad for election to No.98 Jorhat Legislative Assembly Constituency. On 13.5.2001, the Returning Officer declared the Respondent No. 1 elected from the said constituency having secured highest number of votes. The petitioner has challenged the election of the returned candidate on the ground of corrupt practices committed by him, his agents and other persons with his consent. The returned candidate, it is alleged, was a cabinet minister in the AGP Government during the period of election and being in-charge of the Department of Power had full control over the Assam State Electricity Board, hereinafter referred to as the 'Board'. The returned candidate procured the assistance of the Chairman and other subordinate officers of the Board in furtherance of his election. The returned candidate during the election campaign made promises to ensure supply of uninterrupted power, installations of transformers, high and low power line, construction of village road and, in lieu thereof, solicited votes from the voters violating the Model Code of Conduct issued by the Election Commission. In pursuance of this, Shri Riazul Hussain, the then Chairman of the Board, camped at Jotrhat from 2nd May, 2001 for about a week ;and accompanied the returned candidate in his campaign to various places in the constituency. On a number of occasions, Shri Prabin Saikia, Addl. Chief Engineer, Upper Assam Zone, ASEB, Jorhat, Shri Bikash Borpujari, Executive Engineer, ASEB, Jorhat Electrical Division No. 1 and Shri Laban Hazarika, Asstt. Executive Engineer, SDO-I ASEB Jorhat also accompanied the returned candidate and attended the election meetings. The returned candidate introduced the officers to the voters promising that they would execute various orders providing special facilities to them. The above officers were present in the election campaign on 2.5.2001 at Rongdoi Bamun Gaon, Nowboishia, Patiagaon, on 4.5.2001 at Mout Gaon, Nematikoila, Borali, and on 7.5.2001 at BhaskarNagar, Kasagaral and Solaguri gaon. The returned candidate thus in his capacity as Power Minister misutilised the manpower and machinery of the Board and got a number of schemes approved for urban and village areas of the constituency as detailed below. <FRM>JUDGEMENT_595_GAULT2_2005Html1.htm</FRM>

(3.) On 16.4.2001, the Election Commission notified the date of election. Even thereafter, a revised scheme was prepared by the Board at the instance of the returned candidate for intensification of power supply in Napamchowdang. Rowriah and Bijoy Nagar areas and secured execution of various works during the period between the filing of nomination and the date of election. The Board also, at the behest of the returned candidate, supplied electrical materials including PSC poles without any formal work order which was subsequently regularized by the Additional Chief Engineer (Material) by. the order dated 23.5.2001. The places where PSC poles were delivered and the details thereof are as follows:- <FRM>JUDGEMENT_595_GAULT2_2005Html2.htm</FRM>