ASHUTOSH BANERJEE Vs. DEBJYOTI BURMAN

JUDGEMENT

(1.) This is an election petition under the Calcutta Municipal Act, 1923 (Bengal Act 3 of 1923 as amended by the Calcutta Municipal Act, 1950).

(2.) The petitioner is Ashutosh Banerjee, a defeated candidate at the last Municipal Election of Councillors of the Corporation of Calcutta whose result was published in the Calcutta Gazette on 1-4-1952. He was a Voter at the First General Election of the Corporation, his name being recorded as No. 703 in Part "A" of the Electoral Roll of Constituency No. 64. There were four other candidates of which the first respondent Deb Jyoti Burman has been elected as the Councillor of the Corporation from the Constituency. The third and the fourth respondents after nomination withdrew from the contest. The nomination paper of the second respondent was rejected. The contest at the Polls was, therefore, between the petitioner and the first respondent.

(3.) The sole ground on which the petitioner wants to set aside the election of respondent Deb Jyoti Burman is that the Returning Officer's acceptance of the nomination paper of Burman was improper and illegal.