KIRAN KUMAR GOGOI Vs. SHYAM MEWARA

JUDGEMENT

(1.) By this election petition u/s 80, 80A and 81 of the Representation of Peoples Act, 1951, for short 'the Act', the petitioner seeks to challenge the election of Respondent No. 2, who has been declared elected to the Assam Legislative Assembly from Constituency No. 115, Moran, District Dibrugarh in the last general election held in April, 1996.

(2.) There were in all nine contestants in the field. The returned candidate was a nominee of the Indian National Congress (I), while the election petitioner was sponsored by Asom Gana Parishad. His election symbol was 'Elephant', while that of respondent No. 2 was 'Hand'.

(3.) Polling was held on 27.4.96, while counting was scheduled for 8.5.96. This time- gap between polling and counting led to some apprehensions, a petition was filed in this Court to ensure that ballot boxes were not tampered with, during this period and the Court issued a direction to that effect. It is the petitioners case that as directed by the High Court, he appointed (i) Lila Gogoi, (ii) Sibaprasad and (iii) Minaram, as his accredited agents to keep a watch on the guard room where ballot boxes from all constituencies were kept. The strong room was in the Govt. Boys' Higher Secondary School, Dibngarh.