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1953 Supreme(Cal) 219

SINHA
BIMAL CHAND – Appellant
Versus
CHAIRMAN, JIAGUNJ AZIMGUNJ MUNICIPALITY – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, JAGNESHWAR MAJUNDAR, MIHIR KUMAR SARKAR, PRASUN CHANDRA GHOSH, PROBHAT KUMAR SEN GUPTA, SUSHIL KUMAR BISWAS

SINHA, J.

( 1 ) THIS is a Rule issued upon the opposite parties to snow cause why appropriate writs should not be issued for the purpose of excluding 172 names from the Final Electoral Roll of the Jiaganj Azimganj Municipality in terms of the order passed by the District Magistrate, Murshidabad, on 18-10-1952, and why the holding of the election on the basis of the Final Electoral Roll, as published, should not be prohibited and for such further order or orders as to the Court may seem fit and proper.

( 2 ) THE facts of this case are as follows: The petitioner is a resident of Begumganj Mohalla of Baluchar within the Jiaganj Azimganj Municipality in the District of Murshidabad. The opposite party No. 1 is the Chairman of the said Municipality. Under Section 21, Bengal Municipal Act (Act 15 of 1932) a committee consisting of the Chairman and two commissioners are appointed by the commissioners of the Municipality at a meeting held" for this purpose and this committee which is (according to the rules) known as the "registering authority" prepares the Preliminary and Final Electoral Rolls in accordance with the provisions of the Act. In this particular case, the registering authorit














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