I J COHEN Vs. BIPIN BEHARI SADKHAN

JUDGEMENT

(1.) This is an application made on behalf of Mr. Immanuel Jacob Cohen who was a candidate for election to the Corporation of Calcutta at the last general election for an order that the election of his successful rival, Bipin Behary Sadkhan, as councillor for the non Mahomedan constituency of ward 13 on 16 March 1927, be declared null and void.

(2.) The application is made under Secs.46, 47 and Schedule 2, Part 1, Sub-section 3, Calcutta Municipal" Act of 1923. Section 43 provides that if the validity of any election is questioned by reason of the commission of any corrupt practice by a candidate or his agent any person enrolled in the electoral roll may at any time within a specified period apply to the High Court. Under Section 47 if the High Court is of opinion that any corrupt practice specified in Part 1, Schedule 2, has been committed the election of the returned candidate shall be void. Schedule 2, Part. 1 (iii) provides that the procuring or abetting or attempting to procure by a candidate or his agent or by any other person with the connivance of the candidate or his agent, the application by a person for a voting paper in the name of any other person whether living or dead is a corrupt practice.

(3.) In his petition the applicant has made the charges, but for the purpose of the hearing, which the nature of the case requires should be decided upon oral evidence, the charges have been limited to three The first is that one Lachman Tora whose name appeared as voter No. 1255 on the electoral roll at the time of the election, was dead ; that somebody else appeared at the polling both representing himself to be Lachman Tora, and was identified by the agent of the successful candidate as Lachman Tora though Mr. Cohen challenged his identity, while Sadhukhan was present and allowed the imposter so to be identified.