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2012 Supreme(Gau) 268

BROJENDRA PRASAD KATAKEY
Naba Kumar Doley – Appellant
Versus
Bharat Chandra Narah – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. K. Agarwal
For Respondents/Defendant: Mr. S.S. Dey and Mr. M.N. Nath

JUDGMENT

B.P. Katakey, J.

1. The respondent, in Election petition No. 2/2011, who is the returned candidate, has filed these applications under Order VII, Rule 11 and Order VI, Rule 16 of the Code of Civil Procedure (in short the 'CPC') read with Sections 81, 83, 86 and 87 of the Representation of Peoples Act, 1951 (in short the 1951 Act'), for rejection of the election petition for want of cause of action for not disclosing the material facts, lack of proper verification as required under Order VI, Rule 15 of the Code of Civil Procedure, for not filing the affidavit as required under proviso to subsection (1) of Section 83 of the 1951 Act and non-furnishing of documents, which form integral part of the election petition as well as for striking out the pleadings in the election petition. Both these applications are taken up together for hearing and disposal as agreed to by the learned counsel for the parties. The opposite party/opposite party (hereinafter referred to as the opposite party) filed the election petition No. 2/2011 under Sections 80 and 81 of the 1951 Act calling in question the election of the present petitioner to the Legislative Assembly of Assam from No. 112 Dhakuakh


































































































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