ABDUR RAHIM LASKAR Vs. KHALILUR RAHMAN CHOUDHURY

JUDGEMENT

(1.) PURSUANT to the Notification issued by the Election Commission of Assam for electing Members to Anchalik Panchayat five persons including the appellant herein have filed their nominations seeking election as a Member from No. 2 Norsingpur Anchalik Panchayat under No. 3/02 Sonai Middle Zila Parishad from 35 No. Chandpur G. P. Area on 5. 12. 2001. The nomination of the 1st respondent herein has been rejected. The appellant herein has been declared to have been duly elected as the Member of the said Anchalik Panchayat. The respondent No. 1 herein, thereupon, filed Title Suit being TS (E) No. 19 of 2002 before the Panchayat Election Tribunal, Cachar, Silchar with the following prayer :

(2.) THE case set up by the 1st respondent before the Election Tribunal is that the appellant herein had been serving as a Clerk at East Kazidahar High School and

(3.) THE appellant herein filed a detailed written statement inter alia stating that "it is true that respondent No. 1 (appellant herein) is a Clerk of East Kazidahar High School and that East Kazidahar High School is in ad-hoc stage, and in the event of declaration of election-respondent No. 1 took approval from the managing committee of East Kazidahar High School and after getting approval of the managing committee, the respondent No. 1 filed a petition on 3. 12. 01 to the Inspector of Schools, CDC, Silchar through the Secretary/headmaster of East Kazidahar High School seeking permission to contest in the ensuing Panchayat Election and the Inspector of Schools, CDC, Silchar passed order dated 6. 4. 02 "permitting him to contest the said election". Much may have to be said about the pleadings of both the parties. The 1st respondent in his said petition does not refer to any provision of law under which the election of the appellant is required to be set aside. It is not pleaded that the appellant is holding