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2010 Supreme(Gau) 613

P.K.MUSAHARY
Gadamete – Appellant
Versus
Duter Padu – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.M. Mazumdar, Sr. Adv., S.S. Dey, M. Nath, D.P. Borah, A. Roy,G. Ete and H. Tangu, Advs.
For Respondents/Defendant: S. Shyam, K. Ete, A. Dhar, R.B. Deka and K.K. Das, Advs.

JUDGMENT

P.K. Musahary, J.

1. Heard Mr. A.M. Mazumdar, learned senior counsel, assisted by Mr. S.S. Dey, learned Counsel, for the applicant/Respondent returned candidate. Also heard Mr. S. Shyam, learned Counsel for opposite party/election Petitioner. 2. "Dismiss this election petition at the threshold." Demands the applicant/Respondent returned candidate. He has filed the instant misc. case under Order 6, Rule 16read with Order 7, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as ' Code of Civil Procedure in short) and Section 87 of the Representation of People Act, 1951 (hereinafter referred to as 'RP Act' in short). For him, there are 2 (two) preliminary grounds:

(1) The Election Petitioner has not furnished any affidavit along with verification thereby rendering the entire election petition and the pleadings contained therein unworthy of any trial; and

(2) Schedule of corrupt practice attached to the election petition is neither supported by any verification as mandatorily required under Section 83(2)of the RP Act read with Order 6, Rule 15(4) of Code of Civil Procedure nor accompanied by any affidavit.

3. Applicant's learned Counsel, Mr. S.S. Dey, exhaustive




































































































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