1. The election petitioner, Atul Bora, challenges, with the help of this election petition made under section 80 read with section 80A of the Representation of the People Act, 1951 ('the HOP Act'), the declaration of the returned candidate, Akon Bora, from No. 52 Dispur Legislative Assembly Constituency ('the LAC'), as void under the mandates of the ROP Act and seeks order for fresh poll in Polling Station Nos.164 and 196 of the said LAC.

2. The material facts, leading to this election petition, may be set out as under:

(i) Altogether 12 candidates contested the said election, which was held on 3rd April, 2006. While the election petitioner, Atul Bora, was the nominee of Trinamool Gana Parishad, the respondent, Akon Bora, was the nominee of the Indian National Congress. The counting of votes took place on 11.5.2006 and after the counting, result was declared on 11.5.2006 itself and, in terms of the declaration so made, the petitioner had secured 51,648 valid votes as against 52,461 votes, which the respondent had secured. The respondent was declared to have been elected as the returned candidate from the said LAC having secured 813 more votes than the election petitioner, the electio

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