IN RE: BANAMALI GURAI & ANR. Vs. STATE

JUDGEMENT

(1.) The short question involved in this matter is, whether the learned Munsif hearing out an election dispute under Sec. 204 of the West Bengal Panchayat Act, 1973, has power to grant injunction restraining the elected member from taking part in the proceedings of the panchayat body to which he has been elected or to prohibit such a member from entering upon his office.

(2.) Mr. Ukil, the learned Government Pleader appearing on behalf of the State of West Bengal, however, submits that in view of the specific provisions of Sec. 204(8) of the West Bengal Panchayat Act. 1973, the learned Munsif acting either a a tribunal or as a Court, cannot grant injunction relating to election matters especially postponing the election of the members of the various panchayat bodies or prohibiting the elected persons from taking part in the proceedings of such bodies and also entering upon their offices by the elected members of such bodies and that Sec. 204(6) of the said Act also makes it clear that the Judges do not have all the powers of the Civil Procedure Code but only limited powers and such provisions does not clothe the learned Judges with the power to grant injunction in election matters.

(3.) Several references have cited at the bar by the learned advocates namely, an unreported Single Bench judgment of this court of N. G. Chowdhury, J. in CO. 1559 of 1983 (Munsi Aktar Hossain v/s. Kaji Nur Md. and Ors.); 47 CWN 473 (Gobinda Ch. Saha and Anr. v/s. Rashmani Dassya); AIR 1944 Calcutta 401 (Bazlar Rahaman Khandakar v/s. Amiraddin and, on his death, his sons Apsaraddi and Ors.) and AIR 1971, Orissa 302 (Narayan Swain v/s. Narendra Kumar Sahu & Ors.).