Samarendra Nath Bhattacharjee, J. - (1.) In this application under Article 227 of the Constitution of India, the judgment and order dated 2nd June, 1999 and 4th June, 1999 passed by the learned Civil Judge (Junior Division) 2nd Court, Diamond Harbour, South 24-Parganas in Misc. Case No. 149 of 1998 (Election) has been challenged.
(2.) The petitioner filed the aforesaid misc. case under Section 204 of the Panchayat Act praying for:- (i) Declaration that the petitioner is the successful candidate in the Gram Pauchayat election of Dihi Kalas (III) held on 28.5.98 ; (ii) An order of injunction restraining the defendants from disturbing against the petitioners participating in the Panchayat works as the elected member and from destroying the papers connected with that election ; (iii) If necessary, to recount the votes in the presence of the plaintiff-petitioner at the instance of the Court thereby declaring the petitioner as the elected member ; and (iv) For other reliefs.
(3.) The petitioner's allegation was that after the election, the Presiding Officer declared him elected under Section 65(5) of the Panchayat Act and issued certificate in his favour in the prescribed form. But, the opposite parties in spite of such certificate being issued, threatened the petitioner with dire consequences in case the petitioner participates in the action of the Panchayat and, therefore, the aforesaid misc. case was filed.;