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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.

Table of Content
1. the returned candidate's election is contested based on allegations of non-disclosure in election affidavit. (Para 2 , 3 , 4)
2. legal arguments regarding the acceptability and adherence to the election commission's requirements. (Para 6 , 10)
3. court's observations on procedural correctness in election petitions. (Para 21 , 22 , 30)
4. emphasis on stringent requirements for establishing corrupt practices in election petitions. (Para 100 , 112)
5. the final ruling on the dismissal of the election petition due to lack of material facts. (Para 122)

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-disclosu

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