NARA NARAYAN MANDAL Vs. AGHORE CHANDRA GANGULI

JUDGEMENT

(1.) This is a Rule calling upon the opposite party to show cause why an order of the District Judge of the 24-Parganas dismissing the petitioner's application under Section 36 of the Bengal Municipal Act should not be set aside.

(2.) The petitioner's name was entered in Voters List for Ward No. 4 in the North Barrackpore Municipality. He stood as a candidate in Ward No. 7 and was defeated, He then filed this application under Section 36 of the Bengal Municipal Act. The learned Judge, without going into the merits of the application, held that the petitioner had no locus standi to tile it and, accordingly, dismissed it. The petitioner then obtained this Rule, which in due course came on for hearing before S.K. Ghose, J. He came to the conclusion that the learned District Judge was wrong in his interpretation of Section 36; but as the Rule raised a very important question whether this Court has power to interfere with the order of an Election Court, he sent the case to a Division Bench, and it has been argued before us.

(3.) The first question for our decision is whether this Court has power to interfere either under Section 115 of the Civil Procedure Code or under Section 107 of the Government of India Act.