HARAN CHANDRA DUTT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for issue of a writ in the nature of Quo Warranto against the respondent District Board and the members thereof to exhibit the authority under which they purport to exercise the functions and powers and perform the duties of the District Board of 24-Parganas and of the Chairman and Vice-Chairman and the members thereof and also for the issue of an appropriate writ directing the respondent State of West Bengal to. revoke or cancel certain notifications issued under West Bengal Ordinance 3 of 1948 and under West Bengal Act 23 of 1948 and under Act 14 of 1950 and Act 51 of 1950.

(2.) The petitioners are inhabitants of villages Dhop Dhopi and Dakshin Chatra in the district of 24 parganas and are qualified to vote at elections of members of the District Board of 24 parganas and to stand as candidates for election as members of the said District Board.

(3.) On 1st October 1886, a District Board known as the District Board of 24-Parganas was constituted under the Bengal Local Self. Government Act 1885 (Act 3 of 1885). On 28th May 1919, the Bengal Village Self-Government Act 1919 came into force. In 1947, as a result of partition of West Bengal, the area comprised in two police stations, namely Bongaon and Gaighata, came to be annexed to the district of 24-Parganas and as these thanas had no representation in the District Board the Government promulgated an Ordinance being Ordinance 3 of 1948 (the 24-Parganas District Board (Dissolution) Ordinance 1948). This Ordinance was promulgated under sub-section 1 of Section 88, Government of India Act 1935 and was to take effect from 3rd May 1948. Prior to the passing of this Ordinance, an Act known as the Bengal Local Self-Government (West Bengal Amendment) Act 1947 (West Bengal Act 9 of 1947) was passed on 5th January 1948. By this Act of 1947, the offices of the nominated members of the District Board of 24-Parganas were done away with and only the elected members were allowed to function as members of the District Board and to constitute the said District Board.