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1950 Supreme(Cal) 188

SINHA
Kamalakar Singh – Appellant
Versus
S. K. Gupta – Respondent


Advocates:
J.C. Maitra, Ramaprasanna Bagchi and S. Basu, for Petitioners; Smriti Kr. Roy Choudhury, for Opposite Party.

ORDER :- This is an application under S. 226 of the Constitution for the issue of a writ in the nature of mandamus and/or prohibition directing the respondents, the Secretary, Local Self-Government of the State of West Bengal, and the Commissioner, Presidency Division, to forbear from giving effect to the notification No. 1157M, published in the Calcutta Gazette on the 9th June, 1950, and for other reliefs. The application relates to the affairs of a municipality, called the Garulia Municipality situated in the 24 Parganas. There are two applicants, both of whom claim to be rate payers of the municipality and one of them appears to have held the position of Vice Chairman of the municipality before it was superseded. The notification, which is challenged, has been issued by the Commissioner of the Presidency Division under powers delegated to him by the Government under S. 544 of the Bengal Municipal Act (Act XV of 1932) and the substantial effect of it is to divide the municipality into four wards with ten seats and to specify the boundaries of each ward.

2. The facts are briefly as follows. The Garulia Municipality is situate in the 24 Parganas. Previous to January 1949, it functio









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