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SUHRAWARDY, MUKERJI
Nishi Kanta Chaudhury alias N. Choudhury – Appellant
Versus
Gopeswar Chatterjee – Respondent
JUDGMENT
1. The plaintiff was a candidate for election as a Municipal Commissioner in one of the Wards of the Assansole Municipality. The election was held on the 4th November, 1922. The largest number of votes were secured by Mr. Hari Das Goswami, the pro -forma defendant No. 2, next in order was the plaintiff, then the defendant No. 1 and last, in order, was another gentleman. There were two vacancies, and Mr. Goswami and (he defendant No. 1 were declared duly elected. The plaintiff then instituted this suit for a declaration that the election of defendant No. 1 was not legal but void and that he, the plaintiff is a duly elected Municipal Commissioner. The suit was decreed by the trial Court and that decree has been affirmed on as appeal preferred by defendant No. 1. Defendant No. 1 has preferred this appeal.
2. The first ground urged on behalf of the appellant is that the Courts below have, erred in holding that his election was not. valid. The Courts below held that the election of the appellant was void as his I name did not appear on the voters' list. It is urged that the appellant possesses the requisite qualifications and chat the omission of his name in the voters' list cann
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