(1.) Heard Mr. D. Mazumdar, learned Senior counsel assisted by Mr. R. Sharma, learned counsel for the election petitioner and Mr. K. Agarwal, learned Senior counsel assisted by Mr. R. Baruah, learned counsel for respondent No.1.
(2.) This petition has been filed under Sections 80 and 81 of the Representation of the People Act, 1951 (in short, the RP Act) seeking a declaration that the election of respondent No.1 to Assam Legislative Assembly from No.112 Dhakuakhana (ST) Legislative Assembly Constituency is void as per Sections 98(b) and 100(1) (b) of the RP Act with a further declaration that petitioner is elected from the said constituency having received the maximum number of valid votes following declaration of the election of respondent No.1 as void.
(3.) Challenge to the election of respondent No.1 has been made on the ground of corrupt practice. Respondent No.1 is alleged to have been involved in bribery as well as booth capturing.
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