SASHA KAMAL HANDIQUE Vs. PRANATI PHUKAN

JUDGEMENT

(1.) The Election petitioner by this petition u/s 80, 80A and 100 of the Representation of People Act, 1951 (for short the Act) has challenged the election held on 27.4.96 to the Assam Legislative Assembly of returned candidate Smti. Pranati Phukan, respondent No. 1 from No. 120 NaharkatiaL.A. Constituency.

(2.) The grounds of challenge are alleged corrupt practices and gross irregularities in transporting Ballot Boxes and in counting of votes. There were nine candidates including the petitioner in the field, the returned candidate was a nominee of Indian National Congress, while the petitioner contested the election on C.P.I. (M) ticket. The total number of votes polled by the petitioner (as per statement in Form 21. Ext. P-3 filed by the petitioner) were 21061 while the returned candidate polled 26333 votes, thus defeating her nearest rival the petitioner by a margin of 5272 votes and the total number of rejected votes were 4776. It is mainly in view of the number of rejected votes that the learned counsel insisted for an order of recount.

(3.) Mr. B.M. Mahanta, learned Senior counsel on the other hand, maintained that even if the total number of rejected votes, are taken and treated as cast in favour of the election petitioner, yet it is of no help to the petitioner, as yet it does not affect the election result which remains the same.