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2024 Supreme(SC) 318

ANIRUDDHA BOSE, BELA M. TRIVEDI
Karim Uddin Barbhuiya – Appellant
Versus
Aminul Haque Laskar – Respondent


Advocates appeared:
For the Appellant(s) : Dr.Menaka Guruswamy, Sr.Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mustafa Khaddazm Hussain, Adv. Mohd.Nizamuddin Pasha, Adv. Rupali Samuel, Adv. Ibad Mushtaq, Adv. Akanksha Rai, Adv. Gurmeet Kaur, Adv.
For the Respondent(s): Mr. Jaideep Gupta, Sr.Adv. Mr. Dileep Majumdar, Sr.Adv. Mr. Adeel Ahmed, AOR Abdur Razaqque Bhuyan, Adv. Sana Parveen, Adv. Racheeta Chawla, Adv. Riddhi Bose, Adv. Mr. Satish Kumar, AOR Mr. Raja Chatterjee, Adv. Mrs. Barnali Basak, Adv. Mr. B C Bhatt, Adv. Mr. Abhay Singh, Adv. Mr. Kishor Kumar Mishra, Adv. Mr. Aditya Mishra, Adv. Riya Dutta, Adv. Anupama Gupta, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The instant Appeal filed by the appellant-Karim Uddin Barbhuiya (Original Respondent No. 1) is directed against the impugned judgment and order dated 26.04.2023 passed by the Gauhati High Court at Guwahati in I.A. (Civil) No. 1278 of 2021 in Election Petition No. 01 of 2021, whereby the High Court has dismissed the said IA filed by the present appellant under Order VII Rule 11 CPC seeking rejection of the Election Petition filed by the respondent No. 1-Aminul Haque Laskar (Original Election Petitioner).

2. A brief conspectus of relevant facts may be stated as under:

    (i) On 05.03.2021, General Election to the Legislative Assembly of Assam was notified by the Election Commission of India, whereunder the last date for filing of nomination papers was 12.03.2021.

    (ii) On 11.03.2021, the appellant filed his nomination papers as a candidate of All India United Democratic Front (AIUDF) along with the Declaration, by way of an affidavit in Form-26 of The Conduct of Election Rules, 1961 (hereinafter referred to as the Said Rules). The last date for scrutiny of nomination papers was 15.03.2021.

    (iii) On 01.04.2021, the election for the Legislative Assembly Constitu

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