HAMIDA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE election for the 98 -Hazipara gaon panchayat in Barpeta district was held on February 6, 2013. Appellant and the contesting respondent had contested the election. Appellant was declared elected. The private respondent filed an election petition(no:13/2013) before the District Judge, Barpeta, who is the tribunal under the Assam Panchayat Act, 1994 to decide election petitions.

(2.) IN the election petition a prayer for recount was also made. The appellant, who is the contesting respondent in the petition before the Tribunal, conceded to recount. In the recount held the contesting respondent was found to have secured more votes than the appellant herein, therefore the contesting respondent was declared elected in the recount. Against the said order the writ petition [WP(C) 4023/2013] is filed by the appellant.

(3.) THE learned single Judge dismissed the writ petition. Aggrieved by the said order the present appeal is filed.