Brojendra Prasad Katakey, J.

1. The petitioner, who was a candidate of Assam Gana Parishad and contested the last General Election held in 2012 to the Assam Legislative Assembly Constituency from No. 115 Moran Legislative Assembly Constituency (in short 'the Constituency'), has filed this election petition under Section 80, 80A read with Section 81 of the Representative of People Act, 1951 (in short the 1951 Act), calling in question the result of the said election declaring the respondent elected from the said Constituency, on the ground of improper acceptance of nomination paper and also on the ground of non-compliance with the provision of the 1951 Act and the orders made by the Election Commission of India, within the meaning of Section 100(1)(d)(i) & (iv) of the 1951 Act, contending inter alia that the respondent/returned candidate, along with the nomination paper, did not submit legally valid affidavits, as required under Section 33A of the 1951 Act and also under the order of the Election Commission dated 27.03.2003 and the said affidavits having not been duly sworn, the nomination paper of the respondent ought to have been rejected for non-compliance of the provision