ARPANA DAS Vs. DERHASAT BASUMATARY
HIGH COURT OF GAUHATI
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(1.) Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Mr. M.U. Mahmud, learned counsel, appearing for the respondent.
(2.) The Assam State Election Commission had issued a Notification dated 18.03.2015 notifying 08.04.2015 as the date of election for constitution of General Council of Bodoland Territorial Council. The petitioner, the respondent and 3(three) other candidates submitted their nominations for being elected as General Member from No.12 Salakati (ST) Constituency. All the 5(five) nomination papers were found to be valid after due scrutiny. As notified, the election was held on 08.04.2015 and the result was declared on 11.04.2015. All total 35949 votes were cast, out of which 34306 votes were found valid. While the petitioner polled 12334 votes, the respondent polled 11282 votes. The petitioner defeated the respondent, who polled second highest number of votes, by a margin of 1052 votes.
(3.) By this application, the petitioner seeks to challenge the order dated 14.03.2017 passed by the learned District Judge, Kokrajhar in Misc. (J) Case No.26/2015, registered on the basis of an application under Section 5 of the Limitation Act, 1963 (for short, "Limitation Act") read with Section 151 CPC, arising out of Title Suit (Election Petition) No.27/2015, whereby delay of 29 (twenty-nine) days in filing the election petition by the respondent under Rule 78 of the Bodoland Territorial Council (Election) Rules, 2004, (for short, "Election Rules") read with Section 151 CPC on 06.06.2015 to challenge the election of the present petitioner as Member to the General Council of Bodoland Territorial Council from No.12 Salakati (ST) Constituency and to declare the election petitioner as elected from the said Constituency, was allowed.;
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