WILSON READE Vs. C.S. BOOTH AND ORS.

JUDGEMENT

(1.) THIS is an appeal under the Representation of the People Act against the decision of the District Judge, Lower Assam Districts - Member Election Tribunal, dismissing the Election petition filed by the Appellant. The Appellant filed a petition under Section 81 of the Representation of the People Act, seeking a declaration that the election of Jormanik - Respondent No. 3, to the Assam Legislative Assembly from the Nongpoh Constituency in the last general election, be held void.

(2.) ARTICLE 332 of the Constitution provides as follows:

(3.) THE Tribunal came to certain findings of facts and before examining the evidence ourselves, it will be necessary to refer to those findings. The counsel for the Appellant had contended before the Tribunal that the Khasis being matriarchal in descent, the Appellant acquired the domicile of his mother by birth as a legal incident and he continued to retain that domicile in the matter of personal law.