Judgment :-

T.S. THAKUR, J.

1. This appeal under Section 116 A of the Representation of People Act, 1951 arises out of an order passed by the High Court of Assam at Gauhati whereby election petition No.5 of 2006 filed by the appellant herein challenging the election of the respondent to the Assam State Legislative Assembly has been dismissed. The factual backdrop in which the election petition and the present appeal came to be filed may be summarised as under:

2. General elections to the Assam Legislative Assembly were held in March 2006 in terms of a schedule announced by the Election Commission of India. The appellant was an independent candidate for No.120 Naharkatiya Assembly Constituency that went to poll on 3rd April, 2006. The result announced by the Returning Officer for the said constituency, however, declared the respondent Smt. Pranati Phukan set up by the National Congress Party elected by a margin of nearly 20,000 votes over the appellant who emerged as her nearest rival. Aggrieved by the outcome of the electoral contest the appellant filed election petition No.5 of 2006 before the High Court at Gauhati assailing the election of the respondent on the ground that the same was vitiated by several acts of corrupt practice allegedly committed by the respondent. The appellant enumerated seven specific instances of corrupt practices in support of his case. The first of these acts of corrupt practices alleged by the appellant was committed on 29th March, 2006 at Langherjan Tea Estate where some voters residing in the said locality and enrolled in the electoral rolls for polling stations no.38 and 39 of the constituency had assembled. According to the appellant, when the respondent arrived at the place mentioned above she requested the gathering to cast their votes in her favour and gave Rs.500/- each to the voters present there.

3. The second act of corrupt practice allegedly committed by the respondent was on the same day at about 9.00 p.m. when she along with her supporters and party workers went to Line No.9, Baghmara village near M/s Makum Motors and requested the voters of polling stations no.77, 78 and 79 assembled there to cast their votes in her favour by offering Rs.500/- each to those present there.

4. The third act of corrupt practice allegedly committed by the respondent was at about 12.00 noon on 31st March, 2006 when she is alleged to have visited labour line of Desam Tea Estate situated near the playground of Desam Tea Estate and induced the voters present there to cast their votes for her by offering them Rs.500/- each. Shri Hiranya Mantri, election agent of the respondent, is also alleged to have offered Rs.500/- each to some of the voters named in the petition when he visited the labour line of Desam Tea estate on the same at about 4.00 p.m., constituting the fourth act of corrupt practice committed in the course of the electoral process.

5. The fifth act of corrupt practice is alleged to have been committed by the respondent at Chakalia Harimandir at Panibura village at about 1.30 p.m. on 1st April, 2006 when she offered Rs.500/- each to the voters named in the petition to induce them to vote for her. Shri Hiranya Mantri, the election agent of the respondent, accompanied by Shri Rajen Lahon is also alleged to have visited Nabajyoti L.P. School premises at Panibura Pathar village on the same day and offered Rs.500/-each to some of the voters named in the petition who were present there, constituting the sixth act of corrupt practice.

6. The seventh act of corrupt practices committed by the respondent was in the form of a feast allegedly organized by her on the date of the poll i.e. 3rd April, 2006 in a premises belonging to a garden employee of Namrup Tea Estate near polling station no.88 of the constituency. According to the averments made in the election petition the respondent visited the aforesaid place with her supporters Smt. Runu Arandhara, President of Dibrugarh Zila Parishad at about 10.00 a.m.