PURABI BORAH DAS Vs. KIRAN SAIKIA

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the petitioner as well as Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. D. Swami, learned counsel appearing for the respondent.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioner had challenged the impugned order dated 20.01.2017 passed by the learned Additional District Judge-II (FTC), Tinsukia in T.S. (Election) No. 33/2015. By the said order, petition No. 2292/2016 filed by the respondent herein (petitioner in the election petition case) was allowed by directing the Returning Officer/sub-Divisional Officer, Margharita to produce the Ballot Papers Accounts submitted by the Presiding Officer and the final result sheet to the court in a sealed packet to enable the petitioner to prepare and file her evidence in affidavit.

(3.) The petitioner herein was elected as a Ward Commissioner of ward No. 6 of Dibgoi Town Committee as a candidate of the Indian National Congress, defeating the respondent herein who was a candidate of Bhartiya Janta Party by a margin of one vote. The respondent who was the defeated candidate, filed a proceeding for challenging the election of the petitioner as a Ward Commissioner under the provisions of Section 16 of the Assam Municipal Act, 1956 read with Rule 101, 102, 103 and 104 of the Rules for the Election of Commissioners of Municipal Boards under the Assam Municipal Act, 1956. The said proceeding was numbered as T.S. (Election) No. 33/2015. The petitioner appeared in the said proceeding and contested the suit. The following prayers are made in the said election petition: