- (1.) This Rule was issued suo moto by the Court on the basis of the news items in the daily newspapers--Statesman, Hindusthan Standard, Ananda Bazar Patrika and Jana-Sebak, all of February 20, 1966, when Mr. J.C. Moitra brought to my notice the aforesaid publications. These newspapers, all published expressly or impliedly that 309 members cast their votes. Professor Rezaul Karim polled 298 votes and his opponent Surendra Nath Sarkar got 10 votes and that one vote was rejected. These figures are in afford with the minutes kept by the returning officer.
(2.) The sources of information were also indicated in the newspapers. In the Statesman the reporter reported, as it appears from the news item, that the W.B.P.C.C. Secretary later said that his committee was not declaring the result of the election. It was only giving the voting figures. In the Hindusthan Standard the sources of information appeared to be 'sources close to both the candidates'. In Ananda Bazar Patrika sources were again 'sources close to both the candidates'. In Jana-Sebak the sources were persons present at the time of counting. In these circumstances several Rules were issued including the Rule against the returning officer Mr. Bose.
(3.) It is clear that the order dated February 18, 1966, was served on the returning officer. The interim order as served was: polling for election will take place on 19.2.66 in accordance with notice dated 8th February, 1966, under the supervision of the Pradesh Returning Officer Mr. Keshab Chandra Bose and the votes cast may be counted in the usual way. The Defendants are restrained by an injunction from declaring the result of such polling or giving effect to such result till further order of the Court. Liberty to serve the Respondents Nos. 5 and 8 by registered post by Air Mail. Returnable next Friday, i.e., 25.2.1966.;