MUSTAFA KAMAL PASSA Vs. MUKTAR HUSSAIN KHAN

JUDGEMENT

(1.) These connected Civil Rules have been heard together and the facts and the questions of law involved in all these connected Civil Rules are common and thus they have been heard together and it is in these circumstances that these Civil Rules have been heard together and disposed of by a common judgment.

(2.) For the petitioners we have heard Mr. A.K. Sen, Senior Advocate, Mr. B. Sen, Senior Advocate, Mr. A.M. Mazumdar, Senior Advocate, Mr. M.A. Laskar, Mr. B.L. Singh, Mr. A.H. Saikia, Mr. U. Bhuyan, Mr. P. Mazumdar and Ms.K. Devi, Advocates. For the Election Commission of India, we have heard Mr. D.N. Choudhury, Senior Advocate, assisted by Mr. B.P. Kataky and Mr. B.D. Goswami, Advocates and for the State of Assam Mr. S.N. Bhuyan, learned Advocate General, Assam has appeared, assisted by Mr. B.B. Narzary, learned Senior Govt. Advocate, Assam. We have also heard Mr. A.C. Borbora and Mr. T. Srinivasan for the intervenors.

(3.) It may be noted that affidavits have been mainly exchanged in Civil Rule Nos. 5023/94 and 5086/94 and the parties have relied on the affidavits exchanged in the aforesaid petitions. It may also be stated that the petitioners in all the Civil Rules are claiming themselves to be the citizens of India being electors from various Legislative Assembly Constituencies in the State of Assam and some of them are also claiming that they are the potential candidates for the next general election. One petitioner in tie Civil Rule No. 3477/94 filed public interest litigation on behalf of the persons to whom notices have been issued in pursuance of Section 21-A of the Registration of Electors Rules, 1960 for deletion of their names from the electoral rolls.