NITYA GOPAL DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution by Nitya Gopal De, a voter of Madhya Narayanpur Gram Panchayat, P. S. Karimpur, Union Nara-yanpur in the district of Nadia. The petition is directed against the election of Pradhan under the West Bengal Panchayat Act of 1956.

(2.) In the petition it is alleged that the petitioner Is a voter and his name is included in the Electoral Roll of the West Bengal Legislative Assembly in Part 35 at page 3 of village Narayanpur (Purbapara), Union Narayanpur, P. O. Amiya Narayanpur, Police Station Karimpur, district Nadia pertaining to the constituency in which Gram Panchayat Madhya Narayanpur is situate. The Electoral Roll is prepared by the prescribed authority under Section 7 of the West Bengal Panchayat Act, 1956. That Electoral Roll is the only register of voters which determines and governs the election of members of Gram Panchayats, members of Anchal Panchayats, election of Adhyaksa, Upa-Adhyaksha of Gram Panchayats and Pra-dhin and Upa-pradhan of Anchal Panchayats. The petitioner is an elected member of the Anchal Panchayat of Narayanpur on the result of the election, held on 25th of July, 1960, on the votes of the members of the Gram Sabha, Madhya Narayanpur.

(3.) It is the petitioner's case that the 3th resaondent Abdul Rahaman is a foreigner and was therefora disqualified to be elected as a Pradhan. Abdur Rahaman was elected Pradhan of Anchal Panchayat, Narayanpur, district Nadia on the 10th August, 1960. It is alleged by the petitioner that he is a Pakistan citizen and was served with a Quit notice order bearing date 1st August, 1960 by the Superintendent of Police and Civil Authority, Nadia tinder the Foreigners Act, 1946 and Foreigners Order, 194S. Such Superintendent is the 11th respondent to this application, Abdur Rahaman who was elected Anchal Panchayats was served on the 1st of August, 1960 by an Order No. P-5993 under the Foreigners Act, 1946 and Foreigners Order, 1948 by the 11th respondent asking him to leave India within seven days from the receipt of that order. His wife Jahanara Khatun was also similarly served with order No, P-5994 by the respondent No. 11 to leave India within a week from the receipt of the order.