1955-CALWN-58-443 , 1955-AIR (CAL)-0-83 , 1955 (TLS)512372

HIGH COURT OF CALCUTTA

Coram : Sinha

Civil Rule 153  Of  1954

(FEBRUARY 26, 1954)

PROVAT CHANDRA SIRCAR VS. R. C. SEN, ADMINISTRATOR OF THE BUDGE BUDGE MUNICIPALITY

( 1 ) THE facts in this case are as follows:

( 2 ) THE Budge Budge Municipality consists of five wards. It began to function with 10 Commissioners on and from 4-2-1948 for a term of 4 years. As the term of 4 years for which the Commissioners were to function was about to expire, it was directed that a fresh election of the Commissioners of the Municipality (12 seats) would be held on 8-3-1952. I am informed that about 37 nominations were filed of which only 8 were found valid. The result was that these 8 candidates were returned unopposed under Rule 22 (2) of the Election Rules. On 1-4-1952, it was notified under Section 26, Bengal Municipal Act (hereinafter called the Act) that the election of the remaining 4 members would be held on 31-5-1952. In the first week of April, 1952, eight out of the ten members of the old Municipality which was then functioning resigned, and these eight members ceased to attend any further meetings or to take any interes