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1984 Supreme(Cal) 145

A.K.SEN, PRABIR KUMAR MAJUMDAR
ANIL PAHAR – Appellant
Versus
SUBHAS MAHATO – Respondent


Advocates Appeared:
DEBAYAN BERA, RIVAKI RANJAN MITRA, S.B.BHUNIYA, SNEHATOSH MAJUMDAR

ANIL K. SEN, J.

( 1 ) AN application raising an Election Dispute under S. 204 of the West Bengal Panchayat Act (hereinafter referred to as the said (Act)) which was registered as Misc. Case No. 69 of 1983 being dismissed by the learned Munsif, Purulia. By an order dt. Nov. 28, 1983, the applicant has challenged the said order in a revisional application. The revisional application is being heard as a contested application.

( 2 ) THE petitioner contested the election for the post of Chatumadar Gram Panchayat Prodhan held on Aug. 10, 1983, but on the declared result thereof lost to opposite party No. 1. On Aug. 20, 1983, the petitioner instituted the aforesaid Election Dispute case by filing an application under S. 204 of the said Act in the court of the learned Munsif, Purulia who is the tribunal constituted under the Act for adjudication of such a dispute. The opposite party appeared and raised a preliminary objection that since no notice under S. 80 (1) of the Civil P. C. had been served upon the Government and the Polling Officer nor any leave had in the alternative been obtained, the election petition is not maintainable. Such an objection having been upheld by the learned Mun






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