JUDGMENT

R.C. Lahoti, J.-General Elections to the Assam Legislative Assembly were held in the months of April/May, 2001. For No. 115, Moran Legislative Assembly Constituency, the appellant, the respondent No.1 and respondent No.2 filed their nomination papers respectively as candidates of the Indian National Congress, Asom Gana Parishad and Nationalist Congress Party. The respondents No. 3, 4 and 5 filed their nomination papers as independent candidates. The appellant s election symbol was Hand" while that of the respondent No.1 was Elephant . The respondent No.1 was declared elected, defeating the nearest rival, the appellant, by a margin of 850 votes. The final result sheet shows the distribution of votes as under:-

 Total votes polled 67,581

 No. of Rejected votes 2,436

 Jibontara Ghatowar (App.) 26,927

 Sarbananda Sonowal (R-1) 27,777

 Hareshwar Changmai (R-2) 1,241

 Joy Chandra Nagbanshi (R-3) 7,902

 Biren Borah (R-4) 995

 Lukua Changmai (R-5) 303

2. The appellant filed an election petition laying challenge to the election of the respondent No.1 seeking its avoidance and also for declaring herself as duly elected. The success or failur