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2003 Supreme(Gau) 92

I.A.ANSARI
Kanakeswar Narzary – Appellant
Versus
Deputy Commissioner Kokrajhar – Respondent


Advocates Appeared:
S.S.Dey, M.Sarania, A.M.Majumdar, K.P.Pathak

I.A. ANSARI, J.—

This misc. case has arisen out of Election Petition No. 4/1999, which has been instituted by the present petitioner, namely, Sri Kanakeswar Narzary under Sections 80 and 80A of the Representation of the Peoples Act, 1951, challenging the election of the respondent No. 9, Shri Sansuma Kungur Bwismuthiary, who got elected to the Lok Sabha in the last Parliamentary election held in 1999.

2. In a nutshell, let me narrate the material facts and various stages, which have led to the institution of the present misc. case:-

i) In the course of the trial of the aforesaid Election Petition No. 4/1999 before P.C. Phukan, J (since retired), the respondent No. 9, on receipt of the notice from the Court, entered appearance through his learned counsel and filed an application under Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as "the RP Act") and Order VII Rule 11 read with the provisions of Order VI Rule 16 of the Code of Civil Procedure praying for striking out the paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 to 35 of the election petition on the ground that the paragraph 36 of the election petition, which stands captioned as 'Grounds' arising o




































































































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