AMJAD ALI Vs. B.C. BARUA AND ORS.

JUDGEMENT

(1.) A petition was filed by the Respondent No. 2, Abdul Bari Sarkar, for setting aside an election under Section 80 read with Section 81 of the Representation of the People Act, 1951. He prayed that the election of Respondent No. 3, Prakritish Chandra Barua, from the Gauripur Constituency to the Assam Legislative Assembly be declared void on the ground of his disqualifications and other illegalities mentioned in the petition.

(2.) THE learned Counsel for the Petitioner challenges the order of the Election Tribunal as without jurisdiction. His contention is that the Petitioner was not a party to the application for setting aside the election, and, as such, he could not be compelled to appear before the Tribunal, The notice sent to the Petitioner was a notice under the proviso to Section 99 of the Representations of the People Act, as the notice itself recites. Section 82, of the said Act enumerates the persons who should be made parties or Respondents to an election petition. It provides that

(3.) THE Rule is accordingly made absolute. The Respondent who was directed to deposit additional security in view of this order, may be allowed to withdraw that amount, but the Petitioner is entitled to his costs; hearing fee Rs. 50/ -.