(1.) FACTS By means of this election petition, the petitioner has questioned the legality and/or validity of the election of the respondent from the particular assembly constituency in the last assembly election in the State of Assam. According to the petitioner, because of the large scale commission of corrupt practice of bribery as defined under Section 123 (1) of the Representation of the People Act, 1951 by the respondent the returned candidate, as well as her election agent, her election is liable to be declared void under the mandate of Section 98 (b) read with Section 100(1) (b) of the Representation of the People Act, 1951.
(2.) THE petitioner is an elector from No. 120 Naharkatia Legislative Assembly Constituency, his name being enrolled as a voter in the voter list pertaining to polling station No. 59 of the said constituency. He was an independent candidate for being elected from the said constituency, but has been defeated by the respondent, the candidate of the Indian National Congress Party (INC). THE petitioner got defeated as the nearest rival.
(3.) THE other four candidates in the fray were Sri Dibya Konwar of CPI(M), Sri Dhiraj Majhi of BJP, Sri Ram Rajkonwar (Independent) and Sri Mahendra Dhadumia (Independent).
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