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1971 Supreme(Cal) 77

A.K.SEN
K. P. ROY – Appellant
Versus
D. RUDRA, DISTRICT MAGISTRATE, HOWRAH – Respondent


Advocates Appeared:
A.B.DUTTA, ANJALI MUKHERJEE, ANUP ROY GHATAK, HARINARAYAN MUKHERJEE, K.P.ROY, K.P.SINHA, MRITUNJOY PALIT, NANDITA GHOSH, S.C.DAS GUPTA, SOMEN CHANDRA BOSE, SUBHAS CH.DE, TARAPADA CHATTOPADHYAY

ANIL K. SEN, J.

( 1 ) THIS Rule and a number of Writ Petitions have been heard together as they involve common questions or law. Facts are not more or less disputed though the plea raised on behalf of the petitioners that there exists such insecurity that it is not possible for them to act when appointed as Presiding or Polling Officers in the ensuing election without racing the risk to their life or personal safety is contested and denied by the respondents. All the petitioners feel themselves aggrieved by the orders passed by the respective District Election Officers under Section 26 of the Representation of People Act, 1951 (Act 43 of 1951) (hereinafter referred to as the said Act) appointing them against their will either as Polling Officer or as Presiding Officer in the ensuing election. They are all praying for an appropriate Writ for Betting aside the said orders,

( 2 ) IT would be sufficient if the facts and circumstances which led to the impugned order in the Rule itself are only set out in this decision.

( 3 ) ON January 18, 1971, the District Election Officer Howrah wrote a letter to the Divisional Accounts Officer, Eastern Railway, Howrah asking from him a list of sta
































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