S. B. Sinha, J. - (1.) The election petitioner is the appellant herein. He filed the said petition questioning the election held on 10-5-2001 and the result whereof was declared on 13th May, 2001 declaring the first respondent herein as having been elected from 109 Bihpuria Constituency in the Assam Legislative Assembly General Elections.
(2.) The appellant attributed corrupt practices against the first respondent herein purported to be under S. 123(3) and S. 123(3A) of the Representation of the People Act, 1951.
(3.) The full particulars of alleged corrupt practices had been set forth in the petition which are as under : (i) "On 23-4-2001 at about 2 p.m. when the petitioner was coming from Bahgora Deurigaon to Biphuria Town in a Tata Sumo (hired) vehicle accompanied by his wife and workers of the party Sri Lakhi Kanta Hazarika and Sri Giridhar Gohain after paying a visit to Shiv Mandir (Kundi Mama Mandir) the petitioner and his superiors on their way themselves saw a gathering of about 200 men who were being addressed by the respondent No. 1-Sri Premodhar Bora from the stage platform of Rangamanch situated at Santhapur within Biphuria Police Station as a part of his election campaign. The petitioner halted there for a while and hear the respondent No. 1, the returned candidate urging upon appealing to the gathering to vote for the respondent/returned candidate and to refrain from voting for the petitioner on the ground that the petitioner belongs to the Scheduled Tribe Community, he further shouted a slogan "Biphuria Bachao." The respondent No. 1 also appealed to the members of the gathering to refrain from voting in favour of any candidate belonging to Scheduled Tribe Community. The respondent No. 1 made this appeal to promote a feeling of enmity and hatred between different classes of the people of 109 Biphuria Legislative Assembly Constituency. It may be mentioned here that in the meeting aforesaid the respondent No. 1 was accompanied by his agents namely Sri Ghanakanta Baruah and Sri Monoranjan Sharma and they also delivered speeches before the gathering with specific slogan to vote for the respondent No. 1 and to refrain from voting in favour of the petitioner on the ground that the petitioner belongs to Scheduled Tribe Community. The respondent No. 1 and his aforesaid two agents made the aforesaid slogan appealed to the members to caste vote for the respondent No. 1 and to refrain from voting in favour of the petitioner for furtherance of the prospect of the election of respondent No. 1 and for prejudicially affecting the election of the petitioner. (ii) On 1-5-2001, respondent No. 1-Sri Premadhar Bora along with Shri Monoranjan Sharma and Ghanakanta Borua both are counting agents of Mr. Premodhar (respondent No. 1) and also Government servants both are teachers of Nehru Higher Secondary School, Jamuguri under Bihpuria constituency organized a meeting at village Raidongia Namghar at about 1 p.m. where about 200 voters attended the meeting. In the meeting, the respondent No. 1-Sri Premodhar Bora and two other persons mentioned above delivered speeches in succession and appealed to the persons present in the meeting and to the people at large with the use of loud speakers to vote for him i.e. the respondent No. 1 and to refrain from voting in favour of the petitioner on the ground that the petitioner belongs to Scheduled Tribe Community. This appeal was made by the respondent No. 1 and his two agents present there for the furtherance of the prospects of the election of respondent No. 1 and for prejudicially affecting the election of the petitioner. Sri Giridhar Gohain, Dibyajyoti Bhuyan and other Congress workers witnessed the meeting and clearly saw the respondent No. 1 hurling the above language prejudicially affecting the prospect of the election of the petitioner. (iii) On 7-5-2001, respondent No. 1 accompanied by Sri Ghanakanta Baruah and Monoranjan Sharma and others held a meeting at Bihpuria Town at Ward No. 4 in a market house at about 6 p.m. which was attended by about 150 voters of the said locality. In the said meeting respondent No. 1 specifically appealed to persons present in the meeting and the traders of the market to vote for him and to refrain from voting in favour of the petitioner on the ground that the petitioner is a S.T. candidate and if he is elected from the constituency, the constituency will be made reserved for S.T. Community. By this words respondent No. 1 promoted a feeling of enmity and hatred between different classes of persons of that locality prejudicially affecting the election of the petitioner. One Sri Rohini Bhuyan, working President Block Congress Committee, Bihpuria and Sri Salauddin a Congress Worker witnessed the meeting and heard the speeches of Ghanakanta Barua and Monoranjan Sharma." ;