A B MITCHELL Vs. JCDUTT

JUDGEMENT

(1.) This is an application under the Calcutta Municipal Act (3 of 1923 B.C.), for an order declaring the election of Mr. J.C. Dutt as Councillor for the Corporation for the Waterloo Street Constituency Ward No. 12 of the Corporation of Calcutta at the second Municipal General Election null and void. It ft also prayed that one Mr. S.J. Cohen, the next candidate, be declared duly elected for the said ward.

(2.) The petitioner, Mr. A.B. Mitchell, is a gentleman whose name is enrolled in the electoral roll as a voter, and he disputes the validity of Mr. Dutt's election in the present proceedings which have been instituted under Section 46, Municipal Act. By this section any person enrolled in the electoral roll may apply to the High Court if there is any dispute as to whether any person whose name is published under Sub-section (8) of Section 29 is qualified to be elected a Councillor, or if the validity of any election is questioned, whether by reason of the commission of any corrupt practice by a candidate or his agent or by any other person or by reason of the improper rejection of a nomination or of the improper reception or refusal of a vote or for any other cause.

(3.) Section 47, to which I shall refer, later states the grounds on which the election of a returned candidate shall be void.