TMI Blog2000 (1) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... eral elections held in 1996. Various allegations were made in the election petition with prayer for a direction for re-counting of votes polled in the election and thereafter to declare the election of respondent No. 1 as void under Section 100(l)(d) (iii) and (iv) and to declare the election petitioner to have been duly elected from the said Assembly Constituency. The election petition came to be registered as Election Petition No. 7 of 1996 in the Gauhati High Court. The election petition was resisted by the returned candidate. Some of the other candidates, who had filed their nomination papers and contested the elections, however, remained ex-parte in the High Court. The election petitioner had contested the election as a candidate no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No, 125 of 97). In this application, reference is made to the withdrawal notice published in the Assam Tribune date 12th September, 1997 as also to the notice published in the Government Gazette dated 20th September, 1997. The returned candidate resisted the substitution application. By the order impugned in this appeal both the applications filed by the appellant were dismissed on the ground that the applications were barred by limitation as prescribed under Section 110 of the Act. We have heard learned counsel for the appellant. Learned advocate on record for the contesting respondent submitted that the brief of the case is no longer available with her and was unable to offer any assistance. She has at no point of time sought discha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit. A bare perusal of Section 110 (3)(b) shows that the High Court shall direct the notice of the withdrawal (of the election petition) to be published in the Official Gazette and in such other manner as it may specify. Sub-clause (c) of Section (3) provides that within 14 days of such publication, a person who might himself have been a petitioner may apply to be substituted as a petitioner in place of the party withdrawing the election petition and upon compliance with such conditions as may be imposed by the High Court, he may be permitted to continue the proceedings. Clause (b), thus, unmistakably suggest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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