The Election Commission of India v. Hafiz Rashid Ahmed Choudhury and 2 Ors

ORDER

28.08.2024

Heard Ms. P. Baruah, learned counsel for the applicant, who has been arrayed as pro forma respondent no. 2 in this application. By the instant application, the applicant has prayed for striking of the name of the applicant. The application has been instituted under Section 82 and 87 of the Representation of People Act, 1951 r/w Order 1 Rule 10 (2) of the Code of Civil Procedure, 1908. Also heard Shri K.P. Pathak, learned Senior Counsel for the opposite party no. 1-Election Petitioner as well as Shri P. Nayak, learned counsel who has entered appearance for the opposite party no. 2 i.e., the returned candidate. The lis is between the Election Petitioner and the Returned Candidate and the presence of the present applicant may not be necessary. Further, this Court had passed an order today, i.e., 28.08.2024 in I.A. (Civil) No. 2447/2024 filed by invoking the provisions of Rule 94 of the Conduct of Election Rules, 1961 whereby the records have been directed to be preserved. Page No.# 3/3 In view of the above, this Court is of the opinion that the presence of the present applicant may not be necessary and accordingly the name of the applicant is struck off as pro forma respondent no. 2.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010142292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oooooooooooooooooooooooooooooooooooooooooI.A.(Civil)/2456/2024 ooooooooooooooooooooooooooooooooooooooooooooEl.Pet./1/2024o THEoELECTIONoCOMMISSIONoOFoINDIA REP.oBYoMANABENDRAoBHARALI oACS oDEPUTYoCHIEFoELECTORALoOFFICERoARoELECTIONoDEPARTMENT oJANATAoBHAWAN oCoBLOCKo4THoFLOOR oDISPURoGUWAHATIo781006 oVERSUS HAFIZoRASHIDoAHMEDoCHOUDHURYoANDo2oORS S/OoLATEoMAULANAoMAQUBULoALIoCHOUDHURY oR/OoHOUSEoNO.-o18 oP.D.oCHALIHAoROAD oHEDEYATPUR oP.O.-oSILPUKHURI oP.S.-oLATASIL oGUWAHATI oDISTRICT-oKAMRUPo(METRO) oPIN-o781003. 2:KRIPANATHoMALLAH S/OoLATEoKRISHNAMOHANoMALLAH oR/OoVILLAGEoANDoP.O.-oBIDYANAGAR oDIST.-oKARIMGANJ oASSAM oPIN-o788734. o3:THEoRETURNINGoOFFICER NO.o7oKARIMGANJoPARLIAMENTARYoCONSTITUENCY Page No.# 2/3 ASSAM OFFICE OF THE DEPUTY COMMISSIONER KARIMGANJ ASSAM PIN- 788710 ------------ Advocate for : MRS P BARUA Advocate for : MR. K P PATHAK appearing for HAFIZ RASHID AHMED CHOUDHURY AND 2 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI