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1968 Supreme(Cal) 50

A.K.SINHA
Birendranath Chatterjee – Appellant
Versus
State of W. B. – Respondent


Advocates:
A.P. Chatterjee, for Petitioner; K.K. Moitra, for Respondents (Nos. 3, 5, 7, 11 to 13 and 15 to 17); Nripen Bhattarjee, for Respondents (Nos. 4, 6 and 14); A.C. Bhattarjee and Sibram Sett, for Respondents (Nos. 1 and 2).

Judgement

JUDGMENT :- The petitioner's case in the instant Writ petition is that he is a voter of the West Bengal Legislative Assembly and after the constitution of a Gram Shabha named "Nawda-Asannagar Gramshabha" he became a member thereof as his name was included on the Electoral Roll in the voters' list of one of its Constituency, Beltalspara. His further case is that the election of Anchal members of the Asannagar Anchal which was held from 17-4-1964 to 29-4-1964 and the election of respondent No. 5 and respondent No. 10 as Prodhan and Upa-Prodhan held on 11-5-1964 are all illegal because among those who were elected as members of the said Anchal Panchayet, the respondents Nos. 3 and 6 are both below 25 years and the respondent No. 4 Mahendra Nath Biswas is a Pakistani citizen who surrendered his Pakistani passport after coming to India sometime in 1953 and since then he has not been registered as a citizen of India. It is also alleged that the respondent No. 14, Paban Kumar Mondal, filed a false affidavit stating that he is Paka Mondal who is voter No. 74 in part No. 240 of the Assembly Electoral Rolls. Still further case of the petitioner is that the Paschim Asannagar Gram Sha



















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