TAZUDDIN AHMED Vs. DHANIRAM TALUKDAR

JUDGEMENT

(1.) THIS is an appeal against the decision of the Election Tribunal, setting aside the election of the appellant. The appellant and the respondent stood as candidates for Tarabari - -L. A. 41 constituency in the Kamrup district in the last general election to the Assam Legislative Assembly held on 6 -3 -1957. The respondent was a nominee of the Congress party and the appellant was the nominee of the Proja Socialist Party. The results were admittedly declared on 9 -3 -1957 and the appellant was declared to have secured 12759 votes and the respondent got 12535 votes. The appellant therefore leads by a majority of 224 votes. The results were duly published in the Assam Gazette Extra Ordinary dated 29 -3 -1957.

(2.) THE Tribunal gave a finding against the respondent on the allegation of corrupt practices. He found that the respondent failed to establish that the appellant carried out extensive communal propaganda. As regards the alleged non -compliance of the mandatory provisions, the Tribunal held many of the irregularities alleged not to have been proved. The ground on which the election of the appellant has been set aside is mainly that in spite of the notified polling centre at Tangaliapara Lower Primary School in Tangaliapara village the votes were recorded at a different centre known as Chakabausi Lower Primary School of Chakabausi village which is in the Barpeta constituency.

(3.) THE extracts of the list of polling stations which was published have been filed as Exhibits 4 (1) and 4 (2). In the polling centre list of L. A. 41 Tarabari, constituency - -in the column showing the site for polling centre Tangaliapara venture lower primary school has been mentioned and the serial number of this polling centre was shown as 27, the area comprising the polling centre as shown in Col. 5 of the list consists of villages Dihi, Lehi, Salmarapathar, Niz -poura and Tangaliapara.