In India, there are number of states and Assam is one of the most prominent state of India. According to S.100 of the Representation of the People Act, 1951 if the High Court is of the opinion "that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent" then it is the power of the High Court "to declare the election void".
Recently, an election petition [El. Pet. 1/2021] has been filed before Hon'ble Gauhati High Court by Shri Aminul Haque Laskar against Shri Karim Uddin Barbhuiya and 12 others which was listed on 24 June 2021 before Hon'ble J. Kalyana Rai Surana.
The petitioner in the elections held had secured "51695" EVM votes and 35.49% of total votes whereas Karim Uddin Barbhuiya won 48.83% of votes.
In one of the Judgment, Hon'ble Supreme Court through J. H.L. Dattu has even held that "[a]ll material facts" "in accordance with the provisions of" RP Act "have to be set out in the election petition. If the material facts are not stated in a petition, it is liable to be dismissed".
Vishal
Guwahati
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