RUSHNA BEGUM CHOUDHURY Vs. STATE ELECTION COMM AND 10 ORS
LAWS(GAU)-2018-5-121
HIGH COURT OF GAUHATI
Decided on May 28,2018

Rushna Begum Choudhury Appellant
VERSUS
State Election Comm And 10 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Ms. P.A. Talukdar, learned counsel for the respondent No.6. Also heard Mr. G. Pegu, learned counsel for the respondent No.3. None appears on the respondent Nos. 1, 2, 4 and 7 to 11.
(2.) The petitioner contested the Panchayat Election held in the year 2013 and was declared elected for the post of President of No.46 Purahuria Gaon Panchayat. The election of the petitioner was assailed in an election petition before the Election Tribunal at Karimganj which was registered as Misc(Election) Case No.64/2013.
(3.) In the said election case, the order dated 16.03.2016 was passed by which a recounting was ordered for the interest of justice. The order dated 16.03.2016 has been assailed in this writ petition. This Court by the interim order dated 04.04.2016 had provided that the Court is not inclined to stay the recounting exercise as ordered by the Election Tribunal. However, the results of the recounting of votes should not be acted upon without the leave of the Court.;


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