SC dismisses case challenging 2021 Assam Assembly Election of AIUDF leader Barbhuiya

Guwahati: Sidelining accusations as “vague allegations”, the Supreme Court has dismissed the Election Petition challenging the 2021 Assam Assembly Election victory of All India United Democratic Front (AIUDF) leader and Assam MLA Karim Uddin Barbhuiya from the Sonai Legislative Assembly Constituency.

The said petition was filed by former Assam BJP leader Aminul Haque Laskar, who is now a member of the Congress Party.

Finding the allegations levied by Laskar as vague and without any basis to constitute sufficient evidence to institute the election petition, the Bench comprising Justices Aniruddha Bose and Bela M. Trivedi said that such a petition may be dismissed as rejected under Order 7 Rule 11 of Civil Procedure Code.

The petitioner Laskar had challenged the victory of Barbhuiya from the Sonai Legislative Assembly in the 2021 Assam Legislative Assembly Elections.

Laskar alleged ‘corrupt practices’ during the filing of Barbhuiya’s process.

However, the apex court found these allegations to be bald and lacking in material facts as required under Section 83(1)(a) of The Representation of the People's Act, 1951.

The top court clarified that where the allegations of “corrupt practice” are labelled, Laskar was required to make a concise statement of material facts as to how the appellant had indulged in “corrupt practice” of undue influence by directly or indirectly interfering or attempted to interfere with the free exercise of any electoral right.

Here it should be mentioned that the petition had initially been filed before the Gauhati High Court, which had rejected Barbhuiya’s application to dismiss the election petition.

Subsequently, Barbhuiya appealed to the Apex Court, which has now ruled in his favour by dismissing the case.