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1952 Supreme(Cal) 97

LAHIRI, GUPTA
BELAIT SHEIKH – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Hari Prasanna Mukherjee, HEMENDRA KUMAR DAS, Nirmal Chandra Sen

DAS GUPTA, J.

( 1 ) THE appellants are residents of the village of Brahmanigram within the jurisdiction of Police Station Bampurhat in the district of Birbhum. The entire village was formerly included in the Bampurhat Union under the Village Self Government Act. A portion of the Brahmanigram has however been included in the Municipality of Bampurhat that has been constituted by the Government of West Bengal in 1950.

( 2 ) AGGRIEVED by this, the appellants have, for the purpose of removing their grievance, applied to this Court for exercise of powers under Article 226 of the Constitution. They have for this purpose challenged the very constitution of Bampurhat Municipality as a mala fide act of the West Bengal Government, carried out in contravention of the Statute, and have also challenged as invalid the appointment of persons, as the first body of Commissioners of Municipality as not made in accordance with law. They have asked (1) for a writ in the nature of certiorari for the quashing of the notifications by the Government - the notification No. M. 1m-16/50 (I) of 2nd May 1950, published on 11th May 1950, by which the Municipality was constituted (referred to hereinafter as No

























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