SAJANI KANTA GHOSAL Vs. BISTOOPADA MEYUR

JUDGEMENT

(1.) In this case the appellant is appealing from a decision of R.C. Mitter, J., who reversed the decision given in his favour by the lower appellate Court. The appellant, who was put up for election for the Union Board in his locality, failed to be elected and was appointed as a member of the Union Board by the District Magistrate under Section 6, Sub-section (3), Village Self-Government Act of 1919. The respondents alleged that the appellant was not eligible for appointment because he was not a resident within the Union within the meaning of Sec. 7, Sub-section (2) of the same Act. The Courts below found that the appellant was not resident within the Union but held that the respondents should fail in the suit because the question whether the appellant was resident within the Union was a matter which fell to be determined not by the civil Courts but by the tribunal specially designated under the Village Self- Government Act and the Rules made by the Local Government thereunder. Section 6(3) provides: Notwithstanding anything contained in Sub-section (2), the Local Government may direct by an order in writing, for reasons to be stated in such order, that not more than one-third of the total number of members of the Union Board shall be appointed by the District Magistrate: Provided that no member shall be so appointed unless he is entitled to be elected as a member of the Union Board under Section 7.

(2.) Section 7(2) provides: Every person who is entitled to vote at an election of members of the Union Board and is resident within the union shall be entitled to be a member of the Union Board if duly elected thereto. Explanation. A person shall be deemed to be resident , within a union within the meaning of Sub-section (2) if he ordinarily resides within its limits. No person may be so resident within the limits of more than one union at the same time.

(3.) Section 101 gives power to the Local Government to make rules to carry out the purposes of the Act and Sub-section (2), in particular, to make rules "determining the manner and time of appointment or election of members of Union Boards". Those rules are headed: Rules for the election and appointment of members and Presidents of Union Boards and the election of Vice-Presidents.