ORDER

Mohammed Idris Ali, respondent No. 16 in this appeal by special leave, filed an election petition under Section 80, read with Section 80-A of the Representation of the People Act, 1951, (hereinafter referred to as the Act), calling in question the election of respondent No. 1 Shri Mustafa Shahidul Islam, as a member of the Assam Legislative Assembly from 83 DHING Legislative Constituency Assembly in the general elections held in 1996. Various allegations were made in the election petition with a prayer for a direction for re-counting of votes polled in the election and thereafter to declare the election of respondent No. 1 as void under Section 100(1)(d)(iii) and (iv) and to declare the election petitioner to have been duly elected from the said Assembly Constituency. The election petition came to be registered as Election Petition No. 7 of 1996 in the Gauhati High Court. The election petition was resisted by the returned candidate. Some of the other candidates, who had filed their nomination papers and contested the elections, however, remained ex-parte in the High Court.

2. The election petitioner had contested the election as a candidate nominated by All India Congress (Tiwa