Decided on July 22,1996

Lakshmi Mukherjee Appellant
Tapan Kumar Respondents


S.B. Sinha, J. - (1.)Although this appeal was directed against an interim order dated June 4, 1996 passed by a learned single Judge of this Court, keeping in view the points involved in the writ application the learned Counsel for the parties agreed that the entire appeal and the writ application both may be disposed of.
(2.)One Tapan Kumar who is said to be a member of the Chekka Gram Panchayat filed a writ application claiming, inter alia, the following reliefs:
a) A Writ of or in the nature of Mandamus commanding the Respondents and each one of them and more particularly the Respondent No. herein to revoke, cancel , withdraw or set aside the notice of election of office bearers of Chekya Gram Panchayat being annexure 'C' herein and further not to give effect or further effect to the impugned notice being annexure 'C' and not to proceed with the said notice before proper gazette notification and to act in accordance with law;

b) A Writ of or in the nature of Mandamus commanding the Respondents to publish the names of all the elected candidates of Chekya Gram Panchayat in the Official Gazette and to act in accordance with law;

c) A Writ of or in the nature of Certiorari directing the Respondents to transmit and produce the records of the said case to the Registrar, Appellate Side. High Court, Calcutta or to cause them produce at tie time of hearing of the said application so that conscionable justice may be done by quashing the notice of election being annexure 'C' herein and to act in accordance with law.

(3.)The fact of the matter is not in dispute. One Lakshmi Mukherji and Sundari Kalindi, Respondents Nos. 5 and 6 to the writ application contested in the election held on May 30, 1993 from seat Nos. 1 and 2 of the Chekka -I Gram Panchayat. They were declared as successful candidates and certificates were also issued in their favour and handed over to them.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.