LAWS(CAL)-1952-3-15

AJIT KUMAR SEN Vs. STATE OF WEST BENGAL

Decided On March 26, 1952
AJIT KUMAR SEN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is by two unsuccessful applicants for writs of Mandamus and Prohibition. Their purpose in asking the Court to issue these writs was to ensure that the general election of the Calcutta Corporation which has been fixed to be held on 27-3-1952, should not be held on that date and further that the election should be held on some other date to be fixed by the Government of West Bengal in accordance with law.

(2.) The Corporation of Calcutta as constituted under the Calcutta Municipal Act of 1923 was superseded by an order passed under the Corporation of Calcutta (Temporary Supersession) Act of 1948 (which will be referred to hereafter for convenience as the Supersession Act), which Act was originally in force up to 31-3-1949, but by subsequest extensions is now in force up to 31-3-1952. Fresh orders superseding the Corporation of Calcutta were passed from time to time, as a result of which the Corporation of Calcutta remain superseded up to 31-3-1952. Two of the main consequences which follow on such an order being made under Section 3 are, as laid down in Section 4 of the Supersession Act, that

(3.) For the purpose of holding a fresh general election as required under Sub-section (2) (a) of the Supersession Act the Government of West Bengal issued on 10-1-1952, a notification in these words: