KRIPANATH MALLAH Vs. HAFIZ RASHID AHMED CHOUDHURY

JUDGEMENT

(1.) The instant application has been filed under Sec. 86 of the Representation of the People (ROP) Act, 1951 read with Sec. 151 of the CPC praying for dismissal of the Election Petition. The connected Election Petition has been filed by the opposite party, as election petitioner under Sec. 80 read with Ss. 80A and 81 of the ROP Act 1951, challenging the election of the present applicant from No. 7, Karimganj, Parliamentary Constituency, Assam, to the Lok Sabha in the General Elections held in the year 2024.

(2.) In the Election Petition, this Court, vide order dtd. 22/7/2024 had issued summons whereafter, the present applicant, as respondent, had appeared and had subsequently filed the present application on 28/10/2024. The principal ground of filing this application for dismissal of the Election Petition is that the presentation of the same is not in accordance with law. It has been contended that the Election Petition has been filed in violation of the procedure laid down in Ss. 81 and 83 of the ROP Act. It is also the case of the applicant that in the copy served upon them, there were four pages missing and therefore, the applicant has been denied of a reasonable opportunity to defend his case.

(3.) I have heard Sri D Saikia, learned Senior Counsel assisted by Shri P Nayak and Shri SK Talukdar, learned counsel for the applicant-Returned Candidate. I have also heard Shri KP Pathak, learned Senior Counsel assisted by Shri M Dutta, learned counsel for the opposite party-election petitioner.