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2010 Supreme(Gau) 491

I.A.ANSARI
Nikh Kamin – Appellant
Versus
Likha Saaya – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: B.C. Das, D. Mazumdar and S. Saikia, Advs.
For Respondents/Defendant: S.S. Dey, M. Nath and R.R. Dey, Advs.

JUDGMENT

Iqbal Ahmed Ansari, J.

1. The opposite party No. 1 herein has filed an Election Petition under Section 80, read with Section 81 of the Representation of the People Act, 1951 (in short, the 'RP Act, 1951'), calling in question the election of the present applicant (who stands impleaded, in the Election Petition, as respondent No. 1) to the Legislative Assembly of Arunachal Pradesh from 16th Yachuli (ST) Constituency, his case being, in brief, thus: In the election, in question, while the election petitioner got, in all, 5596 votes, the respondent No. 1 (i.e., the returned candidate) received as many as 5638 votes. The respondent No. 1 was accordingly declared elected by a margin of 42 votes. In the election, in question, as many as 376 votes were cast by means of 'postal ballot's and, out of the total votes, so cast, while 197 votes were found to have been cast in favour of respondent No. 1 (i.e., the returned candidate), the election petitioner (i.e., opposite party No. 1 in the present application) got 125 votes and the remaining candidate, namely, opposite party No. 2, received 34 votes. However, none of the said 376 persons, who had cast their votes through 'postal ballot


































































































































































































































































































































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