GURU GOBINDA BASU Vs. SANKARI PRASAD GHOSAL

JUDGEMENT

(1.) This is an appeal on a certificate granted by the High Court of Calcutta under Art. 133 (1) (c) of the Constitution. No preliminary objection having been taken as to the competency of the certificate, we have heard the appeal on merits.

(2.) The short facts giving rise to the appeal are these. The appellant before us is Gurugobinda Basu who is a chartered accountant and a partner of the firm of auditors carrying on business under the name and style of G. Basu and Company. The firm acted as the auditor of certain companies and corporations, such as the Life Insurance Corporation of India, the Durgapur Projects Ltd. and the Hindustan Steel Ltd., on payment of certain remuneration. The appellant was also a Director of the West Bengal Financial Corporation having been appointed or nominated as such by the State Government of West Bengal. The appointment carried with it the right to receive fees or remuneration as director of the said corporation.

(3.) In February-March, 1962 the appellant was elected to the House of the People from Constituency No. 34 (Burdwan Parliamentary Constituency) which is a single member constituency. The election was held in February, 1962. There were two candidates, namely, the appellant and respondent No. 3 to this appeal. The appellant was declared elected on March 1, 1962, he having secured 1,55,485 votes as against his rival who secured 1,23,015 votes. This election was challenged by two voters of the said constituency by means of an election petition dated April 10, 1962. The challenge was founded on two grounds:(1) that the appellant was, at the relevant time, the holder of offices of profit both under the Government of India and Government of West Bengal and this disqualified him from standing in the election under Art. 102 (1) (a) of the Constitution ; and (2) that he was guilty of certain corrupt practices which vitiated his election. The second was abandoned at the trail, and we are no longer concerned with it.