JUDGMENT :

The instant wit petition has been filed assailing the order dated 03.03.2021 passed in Misc. (Election) Case No.5/2019 whereby the election of the Petitioner as a Member of Anchalik Panchayat of No. 8 Gobardhana Anchalik Panchayat was set aside and the Respondent No. 1 herein was declared elected as the Member of the No. 8 Gobardhana Anchalik Panchayat from the area of 96 No. Pachim Howly Gaon Panchayat.

2. The facts in brief is that the Petitioner herein contested the Panchayat Election 2017-18 for Anchalik Panchayat Member of No. 8 Gobardhana Anchalik Panchayat from No. 96 Pachim Howly Gaon Panchayat constituency in Barpeta District as a nominated candidate of the Asom Gana Parishad (for short ‘AGP’). The Respondent No. 1 herein had also contested the said election as the nominated candidate of Bharatiya Janata Party (for short ‘BJP’). There was no other candidate other than the Petitioner and the Respondent No. 1 to the said election for Anchalik Panchayat Member of No. 8 Gobardhana Anchalik Panchayat. The polling for the said election was held on 09.12.2018. The votes were counted on 12.12.2018 and 13.12.2018 in the premises of M.C. College, Barpeta. During the said co