DAMODAR GOSWAMI Vs. NARNARAYAN GOSWAMI AND ORS.

JUDGEMENT

(1.) THE petitioner in this case is an elector of the Patacharkuchi -Barama constituency of the Assam Legislative Assembly. He has presented this application under Articles 226 and 227 of the Constitution against the judgment and order of the Election Tribunal, dated 16 -12 -1952 and prays that the said order should be quashed by a writ of certiorari and/or such other writ or appropriate directions as this Court may consider proper. The material facts on which the petition is founded may be summarised thus:

(2.) IN accordance with the Government Notification, dated 17 -11 -1951, the electors of the constituency to which the petitioner belongs were called upon to elect two members for the Assam Legislative Assembly; the constituency being a plural members constituency comprising of two seats, one of them being reserved for scheduled tribes. There were eight duly nominated candidates for the election, they all being respondents to this application. One of them, Prasanna Chandra Pathak, respondent 8 withdrew his candidature before the election took place. Out of the respondents, respondents Baikunthanath Das Birendra Kumar Das and Sailendra Ramchiary, respondents 3, 4 and 6 respectively were also eligible for election to the reserve seat for scheduled tribes. The polling for the said election was held on 19 -1 -1952 and the counting of votes took place on 10 -2 -1952 at the office premises of the Deputy Commissioner of Kamrup District who was the Returning Officer for the said Constituency.

(3.) THE claim of Narnarayan Goswami was contested by Dr. Homeswar Deb Choudhury who supported the action of the Returning Officer and the declaration of the result made in his favour. It appears that Prasanna Chandra Pathak, who had withdrawn his nomination applied to be added as a party respondent to the proceeding before the Tribunal by an application dated 10 -5 -52 and he was so added as a party by the order of the Chairman, dated 29 -5 -52. He, however, did not file any recrimination in the case.