NARENDRA NATH CHATTERJEE Vs. COMMISSIONERS OF BALLY MUNICIPALITY

JUDGEMENT

(1.) This Rule was taken out by the petitioner in connection with the ensuing Municipal election of the Bally Municipality, or to be more specific, of Ward No. III of that Municipality.

(2.) The election is being held under the Bengal Municipal Act, hereinafter referred to also, in some places, as, simply, the Act. The petitioner who has been registered as Voter No. 1012 of the said Bally Municipality, Ward No. III, in the finally published Electoral Roll, filed his nomination paper duly with the Chairman of the Municipality as required by law (Vide Rule 17(1) of the Election Rules, made under Section 44 of the Bengal Municipal Act, hereinafter referred to as the Election Rules). The date of the general election of the Municipality was fixed by an appropriate notification under Rule 2 (Vide Sub-rules (1) and (2)) of the above Election Rules and it is due to be held on February 14, 1960. On December 28, 1959, the last date for the filing of nomination papers was fixed (vide Rule 17(1)) as January 7, 1960. The petitioner's nomination paper was duly filed within the said fixed date. On January 14, 1960, which was the date of scrutiny (Vide Rule 17 (3)), the petitioner's nomination paper, at the scrutiny, held under Rule 17(4)(a), was rejected by the opposite party No. 2 (who had been appointed by the local Government, under Rule 46 of the Election Rules, to "perform all the duties, assigned to the Chairman and the Commissioners at a meeting", for the conduct of the above Election and who will be referred to hereinafter as the Election Officer) upon the ground that he (the petitioner) was disqualified to stand as a candidate for the aforesaid Municipal Election under Section 22 (1)(g) of the Bengal Municipal Act, he having been in arrears of rates for the requisite period of three months, as mentioned in the said section, in respect of holding No. 8 S. C. Chatterjee Street, Ward No. III of the said Bally Municipality.

(3.) On January 16, 1960, the list of candidates was published by the Election Officer, acting as the Chairman for the purpose, under Rule 17(5) of the Election Rules, that is, as required under the statute (the Bengal Municipal Act), read with the relevant Rule or Rules. In this list, the petitioner's name was not included, presumably because or on account of his (petitioner's) nomination paper having been rejected as aforesaid.