POWRAH MUNICIPALITY Vs. HARIPADA ROY CHOWDHURY

JUDGEMENT

(1.) This is an appeal from the decision of the 1 Subordinate Judge of Howrah affirming the decision of the Munsif, 2nd Court, Howrah. The plaintiff in this case was a candidate for election as Commissioner of the Howrah Municipality. The defendants are the Chairman of the Municipal Commissioners of Howrah, the Vice-Chairman and the Presiding Officer appointed to hold the Municipal General Election which was to take place shortly after the suit was instituted. The plaintiff asked for declaration of his right to be present at the place and time when and where the votes of the voters would be recorded and also that the defendants or any of them have no right to prevent the plaintiff from being present at that place. He further asked that the defendants be restrained from prohibiting the plaintiff to be present at that place.

(2.) The Municipal Act applicable in Howrah is Act III of 1834, B.C.S. 15 of that Act gives the Local Government power to lay down rules not inconsistent with the provisions of the Act, amongst other matters in respect of the mode of election. Such rules are published in Notification No. 4345-M, dated the 21 November, 1896. Also instructions to the Presiding Officer have been drawn up, and this case really turns on the legality of E. 14 of those instructions which is to the following, effect: After getting his ticket, the voter will enter the second enclosure where candidates or their agents shall not be permitted to enter this enclosure except to get their own votes recorded.

(3.) In order to understand the point it is necessary to state the provisions made for the recording of votes. The polling station is divided into three separate enclosures. There is the first general enclosure in which the voters are to be assembled. There is then the further enclosure which is entered through gates, and there are Municipal employees sitting at separate tables where tickets with serial numbers of the voters are given to the voters as they apply for them. Under the rules it is the duty of any one objecting on the ground of false personation to do so when the voter applies for his ticket in the enclosure. After the voter has obtained his ticket he enters into the third enclosure and there his vote is recorded by one of the members of the Committee who sit at separate tables.