SHYAMAPADA GANGULY Vs. ABANI MOHAN MUKHERJEE

JUDGEMENT

(1.) This is as appln. under Article 226, Const. Ind., for a writ in the nature of Mandamus or in the nature of Quo Warranto or for such further or other order as to this Ct. may seem fit & proper.

(2.) A Rule nisi was issued by B. K. Guha J. on 10-10-1950 & the matter has now come up before me for the hearing of that Rule.

(3.) The facts are that in February 1950 eleven out of the 17 elected Comrs. of the Bally Municipality including the petnr. made a representation to the Secretary, Dept. of Local Self-Government, West Bengal, making serious allegations against the opposite party, the Chairman of the Municipality in relation to the management of the affairs of the Municipality. In the enquiry started by the Govt. as a result of such representation the majority of the charges brought against the opposite party were proved & the Govt. was of the opinion that the only course left was to remove the opposite party from the office of Chairman.