JUDGMENT

J.M. Panchal, J. —

This appeal, filed under Section 116A of the Representation of People Act, 1951 (“the Act” for short), is directed against judgment dated August 28, 2007, rendered by the learned Single Judge of the Gauhati High Court in Election Petition No. 4 of 2006, by which the prayers made by the appellant to declare the election of the respondent No. 2, who is returned candidate from Legislative Assembly Constituency of Dibrugarh, to be void and to order repoll in Polling Station No. 124 Manik Dutta L.P. School (Madhya) of 116 Dibrugarh Legislative Assembly Constituency, are rejected.

2. The facts emerging from the record of the case are as under: -

A notice was published inviting nominations from eligible candidates to contest the Assam State Legislative Assembly Election for 116 Dibrugarh Constituency as required by Section 31 of the Act read with Rule 3 of the Conduct of Election Rules, 1961, notifying the schedule of the election, which was as under: -

1. Issue of notification 10.3.2006

2. Last date for making nomination 17.3.2006

3. Scrutiny of nomination papers 18.3.2006

4. Last date for withdrawal of candidature 20.3.2006

5. Date of poll 03.4.2006

6. Counting of v