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1963 Supreme(Cal) 1

H.K.BOSE, G.K.MITTER
GURU GOBINDA BASU – Appellant
Versus
SANKARI PROSAD GHOSAL – Respondent


Advocates Appeared:
Arun Kumar, BANKIM CHANDRA ROY, BIRENDRA NATH BANERJEE, Dwijendra Nath Lahiri, HARI PROSONNA MUKHERJEE, Jnanendra Mohan, R.C.DE, SHIB KUMAR MAZUMDAR

MITTER, J.

( 1 ) THIS is an application for a certificate for leave to appeal under Article 133 (1) (c) of the Constitution of India against the judgment of a division bench of this court in appeal from Original Decree No. 424 of 1962.

( 2 ) THE matter arises out of a Parliamentary election held in February last. The petitioner was a candidate for a Parliamentary seat from 34 Burdwan Parliamentary constituency in West Bengal and was declared to have been elected as a member as a result of the election having polled the largest number of votes. The respondents 1 and 2 before us presented an election petition No. 111 of 1962 before the Election Commission challenging the election of the petitioner as void on several grounds. The respondent No. 3 before us is the unsuccessful candidate. It was alleged by the respondent that the petitioner, a partner of the firm of Messrs. G. Basil and Co. , held several "offices of profit" under the Government of India and the Government of West Bengal. The complaint is that the firm of Messrs. G. Basu and Co. are auditors appointed by the Life Insurance Corporation of India with the previous approval of the Central Government which has overall powe





















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