HRISIKESH BHATTACHARJEE Vs. BROJENDRA MOHAN BHATTACHARJEE

JUDGEMENT

(1.) These two Rules arise out of two election petitions filed in connection with the election of members of Wards Nos. III and IV of the Bondul Union Board in the district of Burdwan. The elections were held on September 9 and 10, 1951. The petitioners in these Rules and the opposite parties were the rival candidates. The petitioners were elected as the members from those two Wards and against their elections the opposite parties filed election petitions, out of which the present Rules have arisen.

(2.) The learned Additional District Magistrate of Burdwan who heard these election petitions came to the conclusion that the notification under R. 12 of the Rules under the Village Self-Government Act which admittedly applied to these elections was made in the case of both these Wards on 4-9-1951, and as, therefore, the said notification was not made at least one week before the dates fixed for the elections, namely, September 9 and 10, 1951, as required under the strict terms of the said rule, the elections in question were invalid and in that view of the matter, he set aside the elections of the petitioners.

(3.) The petitioners then moved the learned Commissioner, Burdwan Division, against these orders of the learned Additional District Magistrate. The resulting cases were, however, dismissed as the learned Commissioner also was of the same opinion as the learned Additional District Magistrate. Against these concurrent orders of the learned Commissioner, and the learned Additional District Magistrate, the present Rules have been obtained by the petitioners.