AHMED HOSSAIN Vs. ASWINI KUMAR

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India and Section 115, Civil P. C. by Sheikh Ahmed Hossain who was a candidate for election to the Garden Reach Municipality at its fourth general election. In order to appreciate the various points urged before us, it is necessary to set forth in some detail the relevant facts.

(2.) Three seats were allotted for Ward No. 3 of the Garden Reach Municipality and the present petitioner was one of the candidates. His name was finally published in the final Electoral Roll of Male Voters of the same Ward. The date of final publication of the Electoral Roll was 16-12-1951. 9-2-1952 was fixed by the Chairman of the Municipality as the last date for submission of nomination papers and the Chairman held scrutiny qf the nomination papers on 18-2-1952, and found the nomination papers of the present petitioner along with those of eleven other candidates to be valid as complying with all the requirements of Rule 17(2), Bengal Municipal Election Rules 1932 (hereinafter described as Rules of 1932),

(3.) Opposite Party No. 1 Aswini Kumar Paul who was another candidate preferred an appeal before the Magistrate at Alipore under Rule 20 of the said Rules against the present petitioner and others contending 'inter alia' that the petitioner was not eligible for election as a commissioner under the provisions of law as laid down in Section 22, Bengal Municipal Act, 1932, as amended by Section 5, West Bengal Act 28 of, 1951. (The amended Act will be described hereafter as the Act of 1932).