JUDGMENT

Brijesh Kumar, J.-The appellant Ram Prasad Sarma and Respondent No.1 Mani Kumar Subba, amongst others contested election, for No. 9 Tezpur Parliamentary Constituency, Assam in the elections held in the year 1999. Respondent No. 1 Mani Kumar Subba was declared elected on 7.10.1999 from the aforesaid constituency. The appellant who secured the next highest number of votes, challenged the election of Respondent No. 1 by filing an election petition under Section 80 of the Representation of the Peoples Act 1951 on the ground that large scale rigging and booth capturing had taken place at the instance of Respondent No.1 who adopted and resorted to corrupt practices in the election. Hence, election of Respondent No. 1 was liable to be declared void. It was also prayed that the appellant may be declared as duly elected candidate from No. 9 Tezpur Constituency. Notice was issued to the respondents on the election petition.

2. The Respondent No.1 Mani Kumar Subba on receipt of the notice, moved an application under Section 86 of the Representation of the Peoples Act 1951 (hereinafter to be referred as the Act ) praying for dismissal of the election petition at the threshold on three