BALAI LAL DE Vs. SUBODH CHANDRA SHOME

JUDGEMENT

(1.) This Rule is directed against an order of the learned Subordinate Judge, 1st court. Hooghly, setting aside the entire election in Ward No. 11 of the Kotrung Municipality. The order was made under Section 39 of the Bengal Municipal Act in a suit brought under Section 30 for the setting aside of the election of Commissioners of the said Ward.

(2.) The point involved is a short one, although it is not free from difficulty. The section requiring consideration is mainly Section 38 of the Act. or more precisely, els. (c) and (d) thereof, and the main controversy is whether because of the improper acceptance of the nomination paper of a particular candidate (who has come out successful along with others), to wit, pro-forma opposite party No. 3 Bhowani Charan Banerjee in the present case, only his election or the whole election, that is, the election of the entire Ward including that of the other Commissioners, namely, the present Petitioners and pro-forma opposite party No. 2, elected therefrom, should be set aside.

(3.) The relevant facts lie within a short compass and they may be stated as follows: