NARENDRA NATH MITTER Vs. RADHA CHARAN PAL

JUDGEMENT

(1.) This is an appeal by Mr. Narendra Nath Mitter against the judgment of my learned brother Mr. Justice Chaudhuri. The matter arose in connection with the candidature of Mr. Narendra Nath Mitter for the forthcoming Municipal Election in Calcutta. This gentleman was a candidate for the Corporation, and he sent in certain documents to the Chairman of the Corporation in connection with his nomination. An objection was taken to these documents as not constituting a valid nomination.

(2.) The Chairman decided in favour of Mr. Narendra Nath Mitter. A Rule was obtained under Section 45 of the Specific Relief Act and, upon the hearing of, that Rule the learned Judge made it absolute with the result that he overruled the decision at which the Chairman of the Corporation had arrived.

(3.) Now, the rule which relates to this matter is one of the rules relating to the conduct of elections which were made in pursuance of the Calcutta Municipal Act of 1899. This is Rule 2 and it runs as follows: Every person who is a candidate for election shall send to the Chairman, not less than fourteen days before the day fixed for the election, a nomination paper containing: (a) his name and description and a statement of his place of abode, (b) the name of the ward or wards for which he purposes to stand, (c) the signature of two voters other than the candidate in each such ward who respectively propose and second his candidature, and (d) the signature of eighteen voters other than the candidate in each such ward who approve his nomination.