E M GOPALAKRISNA KONAR Vs. AVILANGA KONAR

JUDGEMENT

(1.) This is a petition for issue of an injunction restraining second respondent from taking his seat as Councillor in the Municipal Council of Madura pending disposal of C.R.P. No. 182 of 1924.

(2.) Petitioner and respondent were rival candidates in a Municipal election; petitioner was declared, and has since been unseated after the inquiry in O.P. No. 51 of 1923 in the Court of the Subordinate Judge of Madura, and C.R.P. No. 182 of 1924 is preferred, against that decision.

(3.) I am doubtful whether this Court has jurisdiction to grant an injunction in such a matter. Mo such power lies with the Judge who holds an inquiry under the election rules, and it is not clear that the High Court acting in revision has any extended power. If a suit is transferred to the High Court, its powers are confined to powers which but for the transfer might have been exercised by the original Court: Annie Besant V/s. Narayaniah 24 Ind. Cas. 290 : 38 M. 807 : 27 M.L.J. 30 : 18 C.W.N. 1089 : 1 L.W. 520 : (1914) M.W.N. 585;16 M.L.T. 165 : 20 C.L.J. 253 : 16 Bom. L.R. 625 : 12 A. l. J. 1155 : 411. A. 314 (P.C.). However the Calcutta High Court has held that it has general power of granting injunctions: Rash Behary Dey V/s. Bhowani Churn Bhose 34 C. 97 and Mungle Chand V/s. Gopal Ram 34 C. 101 and I will proceed on the assumption that the Court has jurisdiction.