SHEWLAL AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The facts in this case are shortly as follows : It relates to the affairs of the English Bazar Municipality situated within the District of Malda and particularly the last general election which took place on the 2nd February, 1964. Previously, there were 14 commissioners of the said municipality and the wards into which it was divided were not single-member wards. On or about 24th April, 1962 the West Bengal Government informed the municipalities situated in the State that there should be universal adult franchise, to effectuate which it was desirable to have one commissioner for one ward. In other words, there should be single-member constituencies elected by universal adult franchise. Under Section 6(1)(i) of the Bengal Municipal Act, 1932 (hereinafter referred to as the "said Act") the State Government may by notification alter the number of commissioners of a municipality in consideration inter alia of the increase or decrease in the population, income, number of voters and commercial and general importance of the place. The State Government by notification No. 4696/M. IM-75/62. dated 18th July, 1962 altered the number of commissioners of the said municipality from 14 to 17. Under Section 20 of the said Act, the State Government may, in case of new municipalities of its own motion, and in case of municipalities already in existence at the time the notification is made, after considering the views of the commissioners at a meeting, by notification, divide any municipality into wards for the purpose of the election of commissioners and determine the number of commissioners to be elected from each such ward. The said municipality was superseded in 1960, since when it was being administered by an Administrator. On the 28th July, 1962 the said Administrator caused a resolution to be passed which has the effect of a resolution of the commissioners of the said municipality passed at a meeting, to the effect that the said municipality should be divided into 17 wards. The area and the boundaries of the wards were stated in the resolution. This was communicated to the District Magistrate by a letter written by the Administrator, enclosing the said resolution, dated 31st July, 1962. Thereupon, the State Government accepted the said recommendations embodied in the said resolution and by a notification, dated 10th August, 1963 divided the said municipality into 17 single-member wards. On the 31st July, 1962 the State Government informed the Commissioner, Presidency Division, Jalpaiguri that it was proposed to hand back the administration of the said municipality to an elected body of commissioners on the expiry of the period of supersession, on the 15th March, 1963 and it was requested that steps should be taken for holding a general election on the basis of single-member constituencies. On the 19th June, 1963 the State Government, in exercise of the power conferred by Sub-section (2) of Section 24 of the said Act, issued an order called the "West Bengal Commissioners of Municipality (First General Election) Orders, 1963" (hereinafter referred to as the "said Orders") for regulating the general election which was directed to be held According to the provisions of the said Act as amended, a general election held after the amending Act of 1962 had come into operation would be deemed as a first general election. It is stated on behalf of the respondents, in the affidavit in opposition filed on behalf of the Election Officer of the said municipality, that the election rules were prepared in accordance with the said orders.

(2.) It is provided in the said orders that within thirty days from the date when the said orders came into force, or within such extended period as the District Magistrate may, by order, direct in any particular case, the registering authority was to prepare in Form A appended to the said order, a preliminary electoral roll for the municipality containing the names of all persons qualified to vote under the said Act. The preliminary electoral roll should be published at the municipal office and at such other places as the registering authority may think fit. As soon as the preliminary electoral roll has been published, the registering authority was to give public notice as widely as possible within the municipality to the effect that the roll had been prepared and might be inspected at the municipal office during working days and hours and shall state in the notice at what other places it might be inspected. Any claim for the insertion of a name in the preliminary electoral roll or any objection against any entry thereon shall be preferred to the registering authority within 15 days of its publication. Every person filing a claim or objection at aforesaid shall be served with a notice by the registering authority specifying the place and the time when his claim and objection shall be heard and notifying him that he may produce or cause to be produced by an agent authorised in writing such evidence as he may wish to adduce. Thereafter, a date is fixed and the claim or objection heard and a summary enquiry Is made into the said claim or objection. After considering any evidence produced the registering authority shall make an order either allowing or disallowing the claim or objection. For the purpose of enquiry, the preliminary electoral roll as published shall be presumed to be correct and complete until the contrary has been proved. The registering authority then shall cause the roll to be amended in accordance with the orders passed, and the preliminary electoral roll thus amended shall be the final electoral roll which shall be published in the same manner as the preliminary electoral roll, not later than 10 days after the last day of disposal of claims and objection made as aforesaid. Against such orders there is an appeal under the said Act under Section 529A of the said Act. An order made in appeal is made effective by amending the final electoral roll prepared as aforesaid.

(3.) It might be mentioned here that there has been a significant change in the qualifications necessary to be an elector in a municipal election, by an amendment of Section 23(2) of the said Act. That provision now runs as follows: