RATUL BORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Hoque, learned counsel appearing for the petitioner. Also heard Ms. S. Kataki, learned Standing Counsel, Election Commission of India, representing the respondent nos. 2 & 3; Mr. P. N. Goswami, learned Addl. Advocate General, representing the respondent no.4 as well as Mr. D. Mazumdar, learned Senior Counsel, assisted by Mr. K. Kalita, learned counsel for the respondent no. 5 (the Caveator).

(2.) The instant writ petition, under Article 226 of the Constitution of India, has been filed by the petitioner with the grievance that the application for cancellation of nomination papers of respondent no. 5 dtd. 25/3/2026, filed by the petitioner before the Returning Officer, 54 No. Morigaon Legislative Assembly Constituency, complaining about the non-disclosure of certain material facts about the second wife of respondent no. 5 in Form-26 affidavit filed by the respondent no. 5, while submitting his nomination papers before the Returning Officer for election to the Legislative Assembly, Assam, from 54 No. Morigaon LAC, has not been considered by the aforesaid Returning Officer.

(3.) The case of the petitioner is that the respondent no. 5 has submitted his nomination papers to contest the election from 54 No. Morigaon LAC and as required under the Representation of People Act, 1951 (herein after Act of 1951) and the Conduct of Election Rules, 1961, has sworn an affidavit in Form-26, disclosing his criminal antecedents, assets and liabilities and educational qualification etc. However, the respondent no. 5 has though disclosed various facts, did not disclose about his one spouse and her assets and properties. It is the case of the petitioner that the respondent no. 5, in spite of having two spouses, has disclosed only about one spouse, i.e., Smti Lujemai Dewri but, did not disclose about his second spouse, namely, Smti Sewali Dewri and her assets and liabilities. It is contended that during the last General Assembly Election of 2021, the respondent no. 5 had disclosed about his two aforesaid spouses in Form-26 affidavit. However, in the present election of 2026, he refrained from disclosing about his one spouse and her assets and liabilities. It is contended that having found the aforesaid non-disclosure, which is mandatory in nature, the petitioner, who is an election agent of an independent candidate, namely, Shri Animesh Medhi, has submitted an application for cancellation of the nomination papers of the respondent no. 5 dtd. 25/3/2026 before the Election Officer, 54 No. Morigaon LAC, pointing the aforesaid anomalies. It is also contended that the names of both the spouses were included in the final voters' list of 54 No. Morigaon LAC, but the respondent no. 5, for reasons best known to him, did not disclose about his second spouse. It is contended that in spite of the aforesaid application for cancellation, the Election Officer has not taken any action for cancellation of the nomination papers of the respondent no. 5, which is in violation of the mandates of the Constitution of India.