JOY CHADRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution for an appropriate Writ directing the opposite parties Nos. 1 to 4 to carry out the duties enjoined on them by the provisions of the Bengal Village Self-Government Act and the Rules made thereunder and to dissolve a Union Board formed as a result of an election held on 28th March, 1933 and to hold a fresh election in accordance with the provisions of the said Act and the Rules. The petitioner is a resident of Basantpur which is within the Sub-Division of Uluberia in the District of Howrah. The petitioner was elected a member of Basantapur Union Board and continued as such till a new Board was formed. The opposite party No. 5 Rohini Kanta Chakravartti, was the President of the former Board of which the petitioner was member.

(2.) The opposite parties Nos. 6 to 14 are persons who have been declared elected as a result of a general election held on 28th March 1353. It is the case of the petitioner that before the said general election of the 28th March, 1953 was held, notice had been given previously of holding a general election on 18th March 1953, and in respect of this last mentioned election. 9th Feb., 1953, was fixed as the last date for filing of objections and claims and 20th Feb., 1956 was fixed as the last date for filing nomination papers but no copy of the list of persons qualified to vote was published in accordance with law and the petitioner failed to have any chance to see the said voters' list. Notwithstanding repeated attempts made on that behalf, the voters' list was not made accessible to the petitioner, and so the petitioner moved this court under Art. 226 of the Constitution on the 19th Feb., 1953, and a rule was thereupon issued on the opposite parties to show cause why an appropriate writ should not issue directing them to forbear from holding the said general election on 18th March, 1953, and for other reliefs. It is alleged that after the issue of the said Rule which was numbered as Civil Revision No. 440 of 1953, the election programme as originally announced was altered by the Circle Officer as follows:--

(3.) There is some dispute as to the exact date when this alteration of the election programme took place. The petitioner's case is that it was done on the 23rd Feb., 1953, but the case of the opposite party is that this was done on 14th Feb., 1953. However, according to the petitioner this altered programme is in contravention of the provisions of the Bengal Village Self-Government Act 1919 and the Rules 4, 7, 8, 9 and 10 made there under and consequently the general election held on the 28th March, 1953, was invalid. The grounds attacking the validity of the election are set out in paragraph 11 of the petition.