JANAK LAL BASUMATARY Vs. NABA KUMAR SARANIA (HIRA)

JUDGEMENT

(1.) Heard Mr.B.Narzari, Learned Senior Counsel and Mr. B.C. Basumatary, learned counsel assisted by Mr. R. S. Chouhan, learned counsel appearing for the election petitioners. Also heard Mr. N. Dutta, learned senior counsel as well as Mr. D. Mazumdar, learned senior counsel, assisted by M. Sara--nia, learned counsel appearing on behalf of the respondent.

(2.) By filing this petition, the two election petitioners, who claim to be the electors of the No.5 Kokrajhar (ST) Parliamentary Constituency, have prayed for setting aside the election of the respondent/returned candidate viz. Sri Naba Kumar Sarania on the ground that the said constituency is a reserved constituency which can be filled up only by a candidate belonging to the Scheduled Tribe (ST) community of Bodoland Territorial Areas District (BTAD), Assam and the respondent does not belong to any of the Scheduled Tribe (ST) communities under the Constitution (Scheduled Tribes) Order, 1950. Urging as above, the election petitioners have sought annulment of the election of the sole respondent on the ground of improper acceptance of his nomination paper by the Returning Officer.

(3.) The undisputed facts of the case, as emerging from the record, is that on 29.3.2014 the Returning Officer had notified the schedule for holding election to the No.5 Kokrajhar (ST) Parliamentary Constituency (herein after referred to as the said Constituency'). As per the notice dated 29.03.2014, the last date of submission of nomination papers was 5.4.2014; the date of scrutiny of the nomination papers was fixed on 07.04.2014; the last date for withdrawal of nomination papers was 9.4.14, and date of polling was 24.04.2014.