DR. ALAUDDIN AHMED Vs. MD. IDRIS ALI BHUIYAN

JUDGEMENT

(1.) This appeal at the instance of Dr. Alauddin Ahmed, respondent in an Election Petition, arises out of order dated 26-10-2003 passed by the High Court Division in Election Petition No. 2 of 2001 allowing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Commissioner, Kishorganj to send the documents in the schedule of the application.

(2.) The facts leading to the appeal are that, the respondent No.1 filed Election Petition No. 2 of 2001 before the High Court Division under Article 49 of the Representation of the People Order 1972, in short the Order, praying for a declaration that the election of the returned candidate i.e. Present appellant, is void and for a declaration that the election petitioner respondent No.1 has been duly elected as Member of the Parliament of the 8th Jatiya Sangsad Election from 165, Kishoregonj-1 constituency and for other reliefs alleging, inter alia, that in the polling at 26, Burudia High School Polling Centre at about 10-00 AM on the date of election some outsiders illegally entered into the polling station, drove out the agents of the election petitioner- respondent No. 1, snatched away the ballot papers from the election officers on duty and stamped the seal of the symbol Boat thereon and stuffed the same in the ballot boxes and because of the foul means the respondent No.1 got himself declared elected by a margin of 112 votes.

(3.) The appellant appeared and contested the petition filing written statement denying the allegations and stating, inter alia, that the election at 26, Burudia High School Polling Centre was held peacefully and the allegations of outsiders entering the election booths, driving out of the appellant's agents, snatching away of the ballot papers or dropping the same, stamping the symbol of boat on the ballot papers were false. The High Court Division recorded evidence and heard argument of the parties till 22-10-2003 and on that dates the respondent No. 1 filed an application for directing the Returning Officer and Deputy Commissioner, Kishoregonj to send the documents detailed in the schedule of the application and the respondent No. 1 filed a written objection against the said application. The application being heard the learned Single Judge of the High Court Division by the impugned order directed the Deputy Commissioner, Kishoregonj to send (1) packets containing the ballot papers, (11) packets containing the counterfoils of issued ballot papers and (111) packets containing the marked copies of the electoral rolls.