JANAB MUHAMMED ANISUL ISLAM Vs. KALI KUMAR MUKHERJEE

JUDGEMENT

(1.) This is a composite application under Article 227 of the Constitution and Section 115 of the Code of Civil Procedure directed against a decision of the Subordinate Judge, Nadia, dated January 30, 1954, by which the election of Commissioners of Ward No. III of the Santipur Municipality held under the Bengal Municipal Act, 1932, was set aside.

(2.) The opposite party, Kali Kumar Mukherjee instituted proceedings on February 6, 1953 (being Election Suit No. 12 of 1953) in the court of the District Judge of Nadia for setting aside the election under Section 36 of the Bengal Municipal Act, 1932, or in the alternative for a scrutiny and computation of votes under Section 39 of the Act.

(3.) Ward No. III is a plural-commissioner constituency of the municipality with five seats to which the two Petitioners and opposite parties 2, 3 and 4 were elected at the general election held on January 28, 1953. The opposite party Kali Kumar Mukherjee was one of the candidates who had unsuccessfully contested the election. Various allegations were made in the plaint impugning the validity of the election. It was alleged that the final electoral roll had not been prepared according to law, that amendments had not been allowed in accordance with Rule 15 of the Election Rules, that adequate arrangements had not been made for recording of votes by pardanashin ladies, that several of the candidates suffered from want of qualification for being elected Commissioners, that corrupt practices had prevailed vitiating the election, and that the result of the election had been materially affected by improper acceptance of nominations of some of the successful candidates and as such the entire election was liable to be set aside. For purposes of this application it is only the allegation last mentioned that is relevant.