MD SARAFATULLA SARKAR Vs. SURJA KUMAR MONDAL

JUDGEMENT

(1.) This appeal raises a short but important point. Having considered the matter and having heard the learned Advocates, I find myself, with great respect, unable to subscribe to the view taken by the learned trial Judge.

(2.) The appellant is a resident of village Maharajpur, situated within the jurisdiction of the Doulatabad Union Board. At the elections to the Union Board of that Union held on 22-2-1953, the appellant offered himself as a candidate and was elected. At the same time, eight other candidates also succeeded in the election. At the relevant time, the appellant was holding the post of Union Agricultural Assistant of the Paharpur Union, which, it would seem, is a post under the Director of Agricultural, Government of West Bengal. It is admitted by all parties that be was a whole-time Government servant

(3.) After the results of the election had been published, Respondent 1, who was another successful candidate, moved this Court under Article 226 of the Constitution for a Rule on the appellant to show cause why his election should not be set aside. The ground on which that application proceeded was that the appellant was a Government servant and therefore he was disqualified from offering himself as a candidate for election to the Union Board by Sub-rule (2) of Rule 23, Government Servants' Conduct Rules, 1926, read with Sub-rule (3) thereof. Upon the application being made, a Rule was issued on the appellant and respondents 2 to 10, calling upon them to show cause why the election of the appellant should not be set aside and why a writ in the nature of mandamus should not be issued, directing respondents 2 and 3, that is the District Magistrate of Murshidabad and the Circle Officer of North Circle in Sadar Sub-Division of the District, to forbear from holding the election of the President of the Union Board until the election of a lawful member in the place of the appellant. At the final hearing of the Rule, it was made absolute. The election of the appellant was set aside and he was also restrained from acting as a member of the Union Board. The learned Judge made no order as regards the election of the President.