CHANDAN KUMAR SARKAR Vs. CHIEF ELECTION COMMISSIONER NEW DELHI
LAWS(GAU)-1994-9-36
HIGH COURT OF GAUHATI
Decided on September 16,1994

CHANDAN KUMAR SARKAR Appellant
VERSUS
CHIEF ELECTION COMMISSIONER, NEW DELHI Respondents





Cited Judgements :-

DIPAK CHANDRA RUHIDAS VS. CHANDAN KUMAR SARKAR [LAWS(GAU)-2001-7-1] [REFERRED TO]
DIPAK CH RUHIDAS VS. CHANDAN KR SARKAR [LAWS(GAU)-2002-7-6] [REFERRED TO]
PREMANANDA HAZARIKA VS. ASSAM STATE ELECTION COMMISSION [LAWS(GAU)-2008-7-39] [REFERRED TO]
DIPAK CHANDRA RUHI DAS VS. PRADIP KUMAR SARKAR AND 14 ORS. [LAWS(GAU)-2021-3-130] [REFERRED TO]


JUDGEMENT

- (1.)Petitioner, at present a member of Legislative Assembly, was returned from 35-Abhayapuri Assam Legislative constituency. This 35-Abhayapuri Assam Legislative constituency is reserved constituency for scheduled caste. The petitioner submitted his nomination paper as a candidate of Indian National Congress (I) before the Returning Officer, North Salmara, Abhayapuri Sub-Division. The nomination paper was scrutinised and the Returning Officer found it in order. During the scrutiny of the nomination paper no objection was raised by any of the candidate or their election agents against the nomination and the Returning Officer found the nomination paper valid and accepted the same thereby it was also accepted that the petitioner was a member of Scheduled Caste community i.e. Namasudra.
(2.)After declaration of the result no election case was filed against the petitioner. The petitioner thus became an M. L. A. The 6th respondent, thereafter, submitted a memorandum dated 20-12-93 to the lst respondent stating, inter alia, that the petitioner was not a member of scheduled caste community. His father Bijoy Chandra Sarkar was living at the village Jateswar, Police Station Falakata, District Jalpaiguri, West Bengal. The Pradhan of Jateswar II Gaon Panchayat had written that he was a Kayastha by caste The 6th respondent further stated in the said memorandum that though the petitioner was not a member of scheduled caste, he became a member of the Legislative Assembly from 35Abhayapuri constituency, reserved for scheduled caste. Besides, by virtue of the membership of the Assam Legislative Assembly, the petitioner had successfully got himself nominated to the Office of the Chairman of Assembly Committee on welfare of scheduled caste and scheduled tribes as well as a member of the Board of Directors of Assam State Development Corporation for Scheduled Caste Ltd. which he was otherwise not competent to hold. 'The 6th respondent requested, by the said memorandum, the Election Commissioner to take appropriate action and declare the election of the petitioner invalid under the law and to arrange for a fresh election. In the said memorandum the 6th respondent also stated that the petitioner's name appeared in two constituencies, namely, 35-Ahhayapuri constituency in Assam and in 13 Falakata Legislative Assembly constituency, West Bengal. According to the 6th respondent his name could not appear in two constituencies.
(3.)On receipt of the memorandum, the 5th respondent directed that a thorough enquiry be made into the allegations and asked for a detailed report thereon. On receipt of the said direction from the 5th respondent, the State Government had asked Shri C. K. Das, Commissioner and Secretary, Revenue to conduct an enquiry into the allegations. Said Sri Das submitted a report to the Secretary to the Government of Assam, Political (B) Department on 10/02/1994.


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