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2025 Supreme(Gau) 1021

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA
Nijam Uddin Choudhury, S/o. Late Ishub Ali Choudhury – Appellant
Versus
Moon Swarnakar, W/o. Ashok Verma And D/o. Late Bijoy Bahadur Swarnakar – Respondent


Advocates Appeared:
Mr K.P. Pathak, Mr B. Choudhury, Mr H.I. Choudhury Advocate, Mr P. Nayak, Ms. Padmini Barua, Mr A. Chaliha.

ORDER :

(KALYAN RAI SURANA, J.)

Heading
Preliminaries
Prayer in connected election petition
Submission on behalf of applicant
Submission on behalf of respondent (election petitioner)
Discussion and decision
Sub heading:
Relevant provision of RP Act
On the scope and ambit of the provisions of Order VII Rule 11 CPC
Four points on which the election of the applicant has been challenged in the connected election petition
On allegations that the applicant has disclosed only one FIR and not the other three FIRs
On allegations of failure of the applicant and his wife to disclose immovable and movable properties
On the allegations of non-disclosure of investment make in land and/or immovable property
On non-disclosure of contractual details
On mismatch of name in the affidavit and name as spelt in applicant’s signature

Heard Mr. K.P. Pathak, learned senior counsel for the applicant. Apart from hearing Mr. D. Saikia, learned senior counsel, assisted by Mr. P. Nayak, learned counsel for the respondent, also heard Mr. P. Nayak, learned counsel for the respondent.

Preliminaries:

2) The applicant in this interlocutory application is the returned candidate to the Assam Legislative Constituency from the No. 8 Algap

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