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2019 Supreme(Gau) 972

MANISH CHOUDHURY, A.K.GOSWAMI
Begum Afrooja Perveen – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
K.N. Choudhury, J.M.A. Choudhury, M. Nath, R. Dhar, M.K. Choudhury, S.K. Ghosh.

JUDGMENT :

A.K. Goswami, J.

1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. J.M.A. Choudhury, learned counsel for the appellant. Also heard Mr. M. Nath, learned Standing Counsel, Panchayat and Rural Development appearing for respondent Nos. 1 and 2, Mr. R. Dhar, learned State counsel for respondent Nos. 3 and 4 as well as Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. S.K. Ghosh, learned counsel for respondent No. 5.

2. This intra-Court appeal is directed against the judgment and order dated 20.06.2019 passed by the learned Single Judge in WP (C) No. 1434/2019 filed by the appellant. It is to be noted that another writ petition being WP (C) No. 1632/2019, filed by the present respondent No. 5, was also disposed of by the aforesaid judgment and order.

3. The issue that revolves around in this appeal is with regard to election to the post of President of the Karimganj Zilla Parishad. The appellant and the respondent No. 5 having been elected to the Karimganj Zilla Parishad, had contested for the post of President of the Karimganj Zilla Parishad. There are twenty members in the said Zilla Parishad and there was equality of votes as both the appellant and t

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