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1952 Supreme(Cal) 136

BOSE
SATISH CHANDRA BHATTACHARJEE – Appellant
Versus
R. N. BOSE – Respondent


Advocates Appeared:
ARUN PRAKASH CHATTERJI, DIPTIKANA BOSE, MIHIR KUMAR SARKAR, NANI COOMAR CHAKRABORTY, SANKAR BANNERJI,Santosh Kumar Basu

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate writ directing respondents 1 and 2 to forbear from giving effect to certain orders dated 1st April,10th April and 16th April 1952 and to act and proceed according to law in the matter of holding certain municipal elections.

( 2 ) THE case of the petitioners is that on 16-12-1951 the electoral rolls for the fourth General Elections of the 5 wards of the Garden Reach Municipality were finally published by respondent 2 who is the Chairman of the said Municipality. As the petitioners did not pay up the rates and taxes of the Municipality and were in arrears in respect thereof, their names did not find place in the said finally published, electoral rolls. The fourth General Election was filed on 16-3-1952. The last date for filing nomination papers of Wards Nos. 1 and 4 was fixed on 9-2-1952. The scrutiny was held on 18-2-1952 and the nomination papers of 11 candidates in respect of Ward No. 1 which had four seats were found valid and in respect of Ward No. 4 which had seven seats the nomination papers of 14 candidates were declared valid, and respondent 2 published a list of the candidates









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