IDRIS ALI Vs. MOSTAFA SAHIDUL ISLAM

JUDGEMENT

(1.) The election petitioner, by this petition u/s 80, 80A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the Act) has challenged the election of Mustafa Sahidul Islam, the returned candidate, respond- ent No. 1, as Member of the Assam.Legislative Assembly having been declared elected in the General Election held in April, 1996 from 83 Dhing Legislative Assembly Constituency.

(2.) The service of notice could not be completed for pretty long time. The postal authorities had to be summoned to the Court and warned, ultimately the service of notices could only toe completed by 18.3.97 as is evident from the order sheet dated 4.4.97.

(3.) An application u/s 109 of the Act for withdrawal of the election petition was filed by the election petitioner. The election petitioner was one of the contestants from the aforesaid assembly constituency. He was a sponsored candidate of All India Congress (Tiwari), while the returned candidate respondent No.1 was sponsored by the Indian National Congress(I) Party. Both these parties merged with effect from 21st January, 1997, with the result that the election petitioner and the returned candidate, respondent No.l became members of the same political party, that is, Congress-I. In view of this merger and change in the political scenerio, the election petitioner moved an application for withdrawal of the petition u/s 109 of the Act on 29th April, 1997 This application was registered as a Misc. Case No. 99/97 connected with Election Petition No.7/96. By order dated 30th May, 1997 notice of this application for withdrawal as contemplated by sub-section (2) of Section 109 of the Act was directed to be issued to all the parties and also published in the Official Gazette and local daily, the Assam Tribune fixing 12.8.97 as the date for hearing on the application. On completion of requisit formalities as per Document No. 1, the Gazette Notification and Document No. 2, publication in local press, the Assam Tribune and personal service of all respondents Document No. 3 to 10. Since none appeared or contested the withdrawal of application u/s 110 of the Act, by order dated 2.9.97, the notices, as required by law, was directed to be published in the Official Gazette and local press. It was accordingly published in the Assam Tribune dt.12th December, 1997 and in the Official Gazette dated 20th September, 1997.