CHATURBHUJ PRASAD Vs. MOUJI LAL

JUDGEMENT

(1.) This suit originally instituted in the Court of the Subordinate Judge of Darbhanga, has been, brought up to this Court by an order of transfer passed by a Division Bench, The suit has been heard by me on two dates. None of the parties have adduced any evidence, but learned counsel for the parties have addressed me on certain questions of law arising out of the pleadings of the parties; therefore, the suit has been a legal battle on pure questions of law.

(2.) The plaintiff is one Chaturbhuj Prasad, a registered voter in the electoral roll of Ward No. 3 in the Samastipur Municipality within the district of Darbhanga. Fifteen persons, who were notified in the official gazette as having been duly elected as commissioners for the Samastipur Municipality on an election held on the 3rd and 4th of October, 1950, were originally made defendants in the action. Subsequently, the State of Bihar was added as a party defendant.

(3.) Put briefly, the case of the plaintiff is that the term of office of the present Municipal Board expired in May, 1950, and under the authority given to the Magistrate of the district by the Bihar Municipal Election Rules, 1943, the District Magistrate fixed 26-9-1950, as the date of the general election. No poll was, however, held on that date, and by another notification the District Magistrate fixed or extended, the date of election to 3rd and 4th of October, 1950. On those two dates a poll was taken and the first fifteen defendants were notified in the official gazette on 29-11-1950, as having been duly elected as commissioners of the Samastipur Municipality. The plaintiff pleads that the District Magistrate had no right to extend the date of election from 26-9-1950 to 3rd and 4th of October, 1950; therefore, the election held on the 3rd and 4th of October, 1950, was 'ab initio' void and without jurisdiction. The plaintiff asks for the following main reliefs :