I.A. Ansari, J.

1. By making this application, the applicant, who is respondent No. 1 in the Election Petition No. 1/2004, has challenged the very maintainability of the Election Petition.

2. In Election Petition No. 1/2004 aforementioned, the election petitioner has challenged the result of the election declaring respondent No. 1, Sri Liansuania, elected to Mizoram Legislative Assembly from No. 28 Phuldungsei (ST) LA Constituency of Mizoram, the declaration of the result having been made on 2.12.2003. The case of the election petitioner being, in brief, thus : Out of the total number of 10,274 votes polled in the said election, the respondent No. 1 received 3,788 votes and the election petitioner received 3,765 votes. In the said election, a large number of persons belonging to Bru community residing in transit camps of Tripura, who, though, according to the election petitioner, not entitled to be enrolled as voters, were, in fact, included in the voters list and a special polling station for these voters was set up, at Tuipuibari, in order to enable them to cast their vote under No. 28 Phuldungsei (ST) LAC. The names of these ineligible voters were included, according to the e