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1968 Supreme(Cal) 32

D.N.SINHA, A.K.MUKHERJI
Amarendra Nath Sarkar – Appellant
Versus
Radha Krishna Sinha – Respondent


Advocates appeared:
A.K. Mukherjee, Archana Sengupta, B.C. Dutt, N.C. Chakravarti, P. Mukherjee.

JUDGMENT

1. THIS is an appeal against an order of Basu, J., dated the 6th April, 1967 by which the Rule was made absolute, so far as it related to the appellant, amarendra Nath Sarkar, cancelling his co-option as a member of the bolepur Sriniketan Anchalic Parishad and consequential directions were given. The co-option of another respondent had also been challenged, but neither was it pressed in the court below nor before us, and it is not necessary to deal with the case of the said respondent. The facts in this case are briefly as follows: The respondent No. 1, Dr. Radha krishna Sinha, is a member of the West bengal Legislative Assembly elected from the Bolepur constituency and as such he is an ex officio member of the bolepur Sriniketan Anchalic Parishad. On or about the 10th September, 1964 the said Amarendra Nath Sarkar was co-opted as a member of the said Anchalic Parishad under paragraph (e) of section 52 (1) of the West Bengal Zilla parishads Act, 1963 (hereinafter refered, to as the "said Act"). On or about the 7th October, 1964 he was duly elected as the President of the said Anchalic Parishad. As such, he became an ex-officio member of the Birbhum Zilla parishad. He has b










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