The petitioners who are duly enlisted and registered electors of Assembly Constituency No.99, have challenged the election of respondent No. 1, Shri Kamna Dutta, to the Assam Legislative Assembly, from 99 Majuli (ST) Constituency in the last General Elections, held in April, 1996. The respondent No. 1 having polled the highest vote was declared duly elected to the State Assembly from the aforesaid Constituency.

2. The grounds on which the election is challenged are enumerated in paragraph 5 of the election petition, and can well be summarised as - (1) Improper acceptance of nomination of respondent No. 1. The elected candidate, respondent No.1, is admittedly a member of the Koch Rajbongshi Tribe, which was not included in the original Constitution (Scheduled Tribes) Order, 1950, for the State of Assam, but was subsequently included in the Order by an Ordinance promulgated by the President of India on 27.1.96, followed by another on 27th March, 1996. It is mainly on this ground that the election of respondent No.1 has been called in question.

3. The grounds of challenge as enumerated by the petitioners in the petition in paragraph 5 are -

(1) The second Ordinance No. 19 of 1996 providi

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