WA 28/2017. Gauhati High Court

Case NumberWA 28/2017
Judgement DateFebruary 28, 2021
CourtGauhati High Court

WA 28 of 2017

28.02.2017

(Ajit Singh, CJ)

Mrs. M. Hazarika, learned senior counsel, assisted by Mr.K Baruah, learned counsel for the appellant.

Mr.BN Sarma, learned Senior Government Advocate, Assam for respondent No.1 and Mr. MK Choudhury, learned Senior Counsel for respondent Nos.2 and 3.

Heard on admission.

This appeal is directed against order dated 20.12.2016 passed by the learned Single Judge Bench of this Court, whereby he has disposed of WP(C) 234/2016, with a direction for re-counting of votes polled in Polling Station No.69

– Phatia Maji LP School (Phatia Nepalibari LP School) of 18 – Bengenagorah Gaon Panchayat under No.2 Machkhowa Zila Parishad Constituency.

2. On 17.12.2012, the State Election Commission issued a notification for holding elections in Panchayat Institutions. The election of Dhemaji Zila Parishad was held on 30.1.2013. Amongst other candidates, the appellant and respondent No.2 also contested the election for the office of Member from No.2 Machknowa Constituency. And the Deputy Commissioner declared that appellant had won the election by a margin of 8 votes against Respondent No.2. Aggrieved, Respondent No.2 filed election petition (Misc. Election Case No.8/2013) before the Election Tribunal for setting aside the election of appellant and declaring him as elected candidate. The appellant vehemently contested the election petition. But the Tribunal, after examining the evidence brought on record, set aside his election and ordered for re-counting of votes polled in four Gaon Panchayats. The Tribunal also directed for issuance of fresh certificate to the winning candidate as per result of re-counting. However, the Tribunal did reject the prayer of Respondent No.2 for re-counting of votes in respect of Polling Station No.69 – Phatia Maji LP

BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

School (Phatia Nepalibari LP School) of 18 – Bengenagorah Gaon Panchayat under No.2 Machkhowa Zila Parishad Constituency.

3. Aggrieved with order dated 13.11.2015, the appellant filed WP(C) 7966/2015, whereas Respondent No.2 filed WP(C) 234/2016. The submission of appellant in his writ petition was that the Tribunal committed an illegality in directing for re-counting of votes polled in four Gaon Panchayats. The submission of Respondent No.2, on the other hand, in his writ petition was that the Tribunal ought to have allowed his prayer for re-counting of votes polled in Polling Station No.69 – Phatia Maji LP School (Phatia Nepalibari LP School) of 18 – Bengenagorah Gaon Panchayat under No.2 Machkhowa Zila Parishad Constituency.

4. The learned Single Judge agreed with both appellant and Respondent No.2 and by the impugned order has set aside the order of Tribunal directing for recounting of votes polled in four Gaon...

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