MAWAZZAM ALI KHAN Vs. SHEBASH CHANDRA PAKRASHI

JUDGEMENT

(1.) This is a somewhat unusual case and in certain aspects it is regrettable.

(2.) It appears that there was an election, the date of which is not given in the paper-book, for the Serajgunj Local Board. One of the thanas that sent representatives to that Local Board is called the Chauhali Thana, and it appears that a certain Babu Shebash Chandra Pakrashi was declared elected to the Local Board for that thana. There was then a suit for setting aside that election and on the 9 May 1925, by the judgment of the Munsif that election was declared invalid and Shebash Chandra Pakrashi was restrained from acting as a member. There was a meeting of the Local Board on the 3 July 1925, apparently for the purpose of electing a Chairman and Vice-Chairman, and for electing nine persons to represent the Local Board on the District Board.

(3.) It was at one time alleged that, apart from the circumstance that there was no representative from the Chauhali Thana, other illegalities affected what was done in that meeting. The meeting having been held on the 3 July 1925, we find that on the 13th November 1925 Shebash. Chandra Pakrashi and another gentleman who had been elected to the Local Board of Serajgunj instituted a suit and presented a petition asking that a temporary injunction should be granted against the defendants being the persons-elected to represent the Local Board on the District Board, restraining them from attending at a meeting of the District Board which had been announced for the 26 November, that is to say, 13 days after the suit and four months after the illegalities complained of. When this meeting had been first announced I do not know. The Munsif dealt with the application for injunction and we are informed that he dealt with it not as an ex-parte application, but in the presence of both parties and he refused the application. This had happened on the 16 November 1925. Thereupon on the 24 November proceedings took, place which to my mind are astonishing in more ways than one.