GUWAHATI: All India United Democratic (AIUDF) leader and Assam MLA Karim Uddin Barbhuiya has won a major reprieve with the Supreme Court on April 8 dismissing the election petition filed by the former Assam BJP leader Aminul Haque Laskar (now a member of Congress Party) and others challenging the former’s 2021 Assembly election from Sonai.
A Bench comprising Justices Aniruddha Bose and Bela M. Trivedi found the allegations levied by Laskar as vague and without any basis to constitute 'material facts' to institute the election petition,and dismissed it, according to reports.
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“Mere bald and vague allegations without any basis would not be sufficient compliance of the requirement of making a concise statement of the “material facts” in the Election Petition. The material facts which are primary and basic facts have to be pleaded in support of the case set up by the Election petitioner to show his cause of action. Any omission of a single material fact would lead to an incomplete cause of action entitling the returned candidate to pray for dismissal of Election petition under Order VII Rule 11(a) of CPC read with Section 83(1)(a) of the RP Act.”, the Judgment authored by Justice Bela M. Trivedi said.
Barbhuiya won the 2021 Assembly election from Sonai defeating the then BJP candidate Aminul Haque Laskar.
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Laskar had subsequently filed the election petition before the Gauhati High Court under Section 100(1)(b) and Section 100(1)(d)(i) of The Representation of the People's Act, 1951 ("RP Act") alleging 'corrupt practices' adopted by Barbhuiya while filing the nominations.
Barbhuiya's application to reject the election petition was rejected by the high court following which he had moved the top court, which has found Laskar’s allegations “bald and vague” without stating the material facts as required under Section 83(1)(a) of the RP Act.
