SATISH CHANDRA BHATTACHARJEE Vs. R N BOSE

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for an appropriate writ directing respondents 1 and 2 to forbear from giving effect to certain orders dated 1st April,10th April and 16th April 1952 and to act and proceed according to law in the matter of holding certain municipal elections.

(2.) The case of the petitioners is that on 16-12-1951 the electoral rolls for the fourth General Elections of the 5 wards of the Garden Reach Municipality were finally published by respondent 2 who is the Chairman of the said Municipality. As the petitioners did not pay up the rates and taxes of the Municipality and were in arrears in respect thereof, their names did not find place in the said finally published, electoral rolls. The fourth General Election was filed on 16-3-1952. The last date for filing nomination papers of Wards Nos. 1 and 4 was fixed on 9-2-1952. The scrutiny was held on 18-2-1952 and the nomination papers of 11 candidates in respect of Ward No. 1 which had four seats were found valid and in respect of Ward No. 4 which had seven seats the nomination papers of 14 candidates were declared valid, and respondent 2 published a list of the candidates under Rule 17 (5), Bengal Municipal Election Rules. One Aswini Kumar Paul preferred appeals before the Magistrate at Alipore, under Rule 20 (1) and the learned Magistrate ordered, that the names of all the candidates excepting, three in respect of Ward No. 1 and excepting, six in respect of ward No. 4 should be expunged. The result was that the 9 candidates whose nominations were upheld as valid by the Magistrate were declared to have been duly elected under Rule 22 (3), Bengal Municipal Election Rules. But the names of these elected candidates have not been published in the Calcutta Gazette by the Government as contemplated in Rule 44 of the Rules. The newly elected body of Commissioners have not started functioning nor have they elected any Chairman and vice-Chairman as provided by S, 45, Bengal Municipal Act. On 1-4-1952, respondent 1 purporting. to act in pursuance of Rule 2 (1) (b) fixed' 31-5-1952 as the date for holding election of one commissioner in each of the Wards Nos. 1 and 4 of the said municipality. Respondent 2 published the said order of respondent 1 on 10-4-1952 for the information of the rate-payers. On 16-4-1952, respondent 2 fixed 26-4-1952 as the last date for submitting nomination papers for holding the said election of one Commissioner in each of the said wards Nos. 1 and 4. Prior to that the petitioners on 15-4-1952 wrote a letter to respondent 2 to the effect that although at the time of preparation of the last electoral roll they were defaulters for payment of taxes, they had since then paid all arrears of taxes and had, therefore, become entitled to be enrolled as voters and to stand as candidates for election as commissioners in respect of the said wards Nos. 1 and 4. It was further pointed out in this letter that before holding a fresh election under Section 26, Bengal Municipal Act the electoral roll should be revised as contemplated in Rule 16, Bengal Municipal Election Rules and unless this was done no fresh election could be held under Section 26 of the Act. On 22-4-1952 respondent 2 intimated to the petitioners that as he had been ordered by respondent 1 to hold the election on 31-5-1952 he could not take any action on the representation made by the petitioners by their said letter dated '15-4-1952. The petitioners thereupon applied to this Court on 23-4-1952 and obtained the Rule nisi;

(3.) On 19-5-1952 four of the elected commissioners applied to this Court to be added as respondents to this application for the purpose of contesting this application, and an order was made on that date adding them as parties respondents.