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2023 Supreme(Gau) 335

MANISH CHOUDHURY
Manju Begum, W/o. Md. Baidullah Ali – Appellant
Versus
State of Assam, Represented by the Chief Secretary, Government of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.C. Sharma, Senior Counsel, Mr. G. Bharadwaj.
For the Respondents:Mr. C.K.S. Baruah, Government Advocate, Mr. R. Dubey, Standing Counsel, Mr. K.N. Choudhury, Senior Advocate, Mr. G.H. Hazarika.

JUDGMENT :

The instant writ petition under Article 226 of the Constitution of India have been instituted by the writ petitioner seeking a writ in the nature of certiorari/mandamus for setting aside and quashing of an order dated 06.12.2022 passed by the learned District Judge, Nalbari in the capacity of the Panchayat Election Tribunal in Election [P] Case no. 2/2019.

2. The relevant facts which are not in dispute, can be briefly stated as follows :-

In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination to contest for the post of President in 59 no. Mukalmua Narayanpur Gaon Panchayat from a recognized political party. The respondent no. 6 had also submitted her nomination to contest for the same post of President, 59 no. Mukalmua Narayanpur Gaon Panchayat from another recognized political party. Another candidate, Smti Sofran Begum was also in the fray as an independent candidate. The election was held on 09.12.2018 and the counting of votes was scheduled to take place on 12.12.2018. After the election was over, the Deputy Commissioner, Nalbari accordingly arranged for counting for votes on 12.12.2018. The counting of votes in respect of the e

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