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SUHRAWARDY, COSTELLO
Rathis Chandra Munshi – Appellant
Versus
Amulya Charan Ghatak – Respondent
JUDGMENT
Suhrawardy, J. - This appeal arises out of a suit relating to a Municipal election at Ranaghat within the district of Nadia. The facts are that at the Municipal election held on 17th December 1927 defendants 1 and 2, who are the appellants before us, were declared elected. "The plaintiff who was a rival candidate along with another person named Abani Kanto Bose was defeated. Under B. 15 (1) of the rules framed by the Government of Bengal in 1927 in exercise of the powers conferred on it by Sections 15 and 69, Bengal Municipal Act of 1884, every person who is a candidate for election shall send his name to the Chairman in writing not less than 28 days before the date fixed for election. In the present case the date fixed for the election was 17th December 1927. The nomination paper submitted by defendant 1 was at 11 a. m. on 19th November 1927. The plaintiff applied to the District Magistrate under Rule 16 to omit the name of defendant 1 from the list of candidates inasmuch as the nomination paper filed by him was not submitted within time. The District Magistrate however held that it was submitted in time and ordered the election to be held with the result that the appellan
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