MANINDRA CHANDRA NANDI Vs. PROVAS CHANDRA MITTER

JUDGEMENT

(1.) In this case the Maharajah of Cassimbazar applies by petition to the Court under Section 54 of the Specific Relief Act (Act 1 of 1877) for an order requiring the Returning Officer for the Presidency Landholders Constituency to accept as valid the applicant's nomination as a candidate for election to the Bengal Legislative Council and to include the applicant's name in the list of valid nominations, and to publish it rectified as aforesaid, or, in the alternative, for a Rule upon the respondent to show cause why the said order or such further or other order should not be made as to the Court may seem fit and right, and for incidental relief.

(2.) On the 15 of October Mr. Justice Cuming adjourned the hearing of this application until the 29 October, and granted ad interim injunction restraining the Returning Officer and other persons authorised to perform the functions of the Returning Officer from proceeding further with the election until the date fixed for the hearing of this application.

(3.) The facts are as follows: - The applicant was a member of the Council of State. On the 7th October, 1923, by telegram and letter of that date he tendered his resignation of the office of Member of the Council of State. On the 8 October, pursuant to the Bengal Electoral Rules and Regulations, the applicant duly presented to the Returning Officer three nomination papers in the form and on the date appointed thereunder. Nomination papers were also presented on behalf of the respondents Provas Chandra Mitter and Jotindra Nath Chaudhuri. <JGN>Page</JGN> 2 of 11 On the 10 October a telegram from Simla in the following form was received by the applicant. Simla 10 October (11-30), Governor-General has accepted resignation of your seat Council of State. Secretary, Legislative Department.