Decided on January 21,1960

ABBAS ALI Appellant
Commissioners Of Titaghar Municipality Respondents


- (1.)This Rule was obtained by tie Petitioner Abbas Ali who was recorded as voter No. 223 of Ward No. VI of the Titagarh Municipality for the coming municipal election and he was recorded with his address as No. 11, Station Road, South, the relevant qualification for his franchise being educational qualification, as mentioned in Section 23, Sub-section (2), Sub-clause (c) of the Bengal Municipal Act. The preliminary Electoral Rolls were published on September 30, 1959, and the final publication was on November 28, 1959.
(2.)On December 14, 1959, an appeal was filed against the said entry of Abbas Ali's name as a voter in respect of Ward No. VI of the above Municipality, by one Chhatu Jaswara, claiming to be a voter in the said ward and alleging, inter alia, that the said Abbas Ali was not a resident of No. 11, Station Road, South, and accordingly, his name could not and should not have been recorded as it had been done in the preliminary and final Electoral Rolls.
(3.)To this appeal, Abbas Ali and the Commissioners of the Titagarh Municipality were parties-Respondents and the appeal was, eventually, heard on December 23, 1959, by a Magistrate, First Class, Alipore, to whom the appeal was transferred by the learned District Magistrate, 2A-Parganas. The appeal was allowed and "the name of Abbas Ali as a voter in ward No. VI of "Titagarh Municipality being a resident of No. 11, Station Road "South", was directed to be "deleted". It is against this order that the present Rule was obtained by the Petitioner Abbas Ali.

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