ISWAR PRASANNA HAZARIKA Vs. MONI KUMAR SUBBA

JUDGEMENT

(1.) One Sri Iswar Prasanna Hazarika has filed Election petition No. 3/98 challenging the election of respondent No. 1 Sri Moni Kr. Subba to the 12th Lok Sabha from 9 Tezpur Parliamentary Constituency challenging its validity on the grounds mentioned in the Election Petition so filed on 18.4.98 and in the said Election Petition an application was filed under Order VII Rule 11 read with Section 151 of the C.F.'C., by the respondent No. 1 Sri Moni Kr. Subba with a prayer to reject the Election Petition filed by Sri Hazarika as the said petition did not disclose any cause of action. The application under Order VII Rule 11 of the C.P.C. so filed was numbered as Misc. Application 55/98. A reply by way of objection to this Misc. application was so filed on behalf of the petitioner Sri Hazarika on 18.8.98 which is on the record. On 7.6.1999 when the matter was taken up for hearing of the Misc. Application No. 55/98, on behalf of the petitioner of the said Election Petition, a petition got so filed for the withdrawal of the Election Petition No. 3/98 under the provisions of Section 109 of the Representation of the People Act, 1951 on the grounds mentioned in the petition and on the same day on behalf of Sri Moni Kr. Subba also a petition was filed along with annexure-A in support of his claims that he is not a citizen/resident of Nepal rather a citizen of India and his such claim is also fortified as detailed in such petition on the basis of a letter so issued on 15.5.98 by the Government of Nepal Ministry of Home Affairs.

(2.) Sri Hazarika is represented by the Sr. Advocate Sri N.N. Saikia assisted by the learned counsel Sri P.K. Khataniar and others whereas the petitioner of this Misc. Case Sri M. Kr. Subba and respondent No. 1 of the main Election Petition is represented by learned Sr. Counsel U.N. Bhachawat assisted by the learned counsel Mr. Pradeep Agarwal and others.

(3.) Both sides Lawyers are heard at length. On behalf of both sides written arguments are also filed and they are on the record and shall remain as part of the record.