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2017 Supreme(Gau) 843

SUMAN SHYAM
Chandan Kumar Sarkar, Son of Late Bijay Chandra Sarkar – Appellant
Versus
Nirmalendu Banikya, Son of late Kandarpa Banikya @ Kandarpa Narayan Banikya – Respondent


Advocates Appeared:
For the Applicant : Mr. J. Deka, Adv.
For the Opposite Party : Mr. M.U. Mamud, Adv.

JUDGEMENT AND ORDER :

Heard Mr. J. Deka, learned counsel appearing for the applicant. Also heard Mr. M.U. Mahmud, learned counsel appearing for the opposite party/election petitioner.

2. By this order, I propose to dispose of the application filed under Section 86(1) of the Representation of Peoples Act, 1951, by means of which, the applicant, who is the respondent no. 8 in the connected Election petition, has assailed the maintainability of the election petition on the grounds mentioned therein.

3. From a perusal of the averments made in the application, it is apparent that the following contentions have been advanced by the applicant in support of his plea regarding maintainability of the election petition :-

(a) The election petition is barred under the Law of Limitation since the same has been presented before the Stamp Reporter beyond the period of 45 days from the declaration of the results.

(b) The election petition was not personally presented by the petitioner as per the mandate of Section 81 of the Act of 1951 and

(c) The opposite party/election petitioner has failed to make attestation in the accompanying copies of the election petition marking them as “true copies”.

4. By refe









































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