NAGENDRANATH ADDY Vs. COMMISSIONER OF THE PRESIDENCY DIVISION

JUDGEMENT

(1.) These two appeals arise out of two suits brought by certain persons who claim that they are the duly elected Municipal Commissioners for the Berhampore and Khagra wards of the Berhampore Municipality. In one suit the plaintiffs claim to have been legally elected to represent the Berhampore ward and in the other suit the plaintiffs made a similar claim in respect of the Khagra ward.

(2.) It appears that the elections took place on the 3 September 1924. There were 11 candidates standing for the five vacancies in the Berhampore ward and 14 candidates for the four vacancies in the Khagra ward. After the polling commenced four candidates from the Khagra ward withdrew during the hours within which voters were admitted into the polling station. The time at which the doors were closed against every voter entering into the place for voting was 6 o clock; and under Rule 17-A the polling had to go on until all the voters in the polling station had recorded their votes. Shortly after 6 o clock, apparently by some arrangement amongst the candidates, 6 out of the 11 Candidates of the Berhampore Ward withdrew their candidature leaving 6 only, whom the polling officer then declared to be duly elected. Similarly in the Khagra election 6 candidates withdrew after 6 o clock and this left, as 4 had withdrawn previously, only 4 candidates who were also declared to be duly elected. Certain rate-payers approached the District Magistrate on the ground that these withdrawals were illegal. The District Magistrate held that they were illegal and in consequence the Commissioner of the Division has ordered a fresh election in respect of the two wards.

(3.) The present suits were then brought against the Magistrate and Commissioner and the petitioners before the Magistrate, and have been decided against the plaintiffs in both the lower Courts.