S.P.Mitra, J. - (1.) The petitioner is an elector of the Burtola Assembly Constituency in Calcutta. He has challenged the election of Nikhil Das, the respondent No. 1 to the West Bengal Legislative Assembly in the general election, of 1967 from the Burtola Constituency. The principal ground on which the petition is based, is that Nikhil Das' name appeared in the electoral roll of the Taltola Constituency in Calcutta; in this electoral roll the address of Nikhil Das has been shown as premises No. 124C, Dharamatolla Street; but Nikhil Das never was nor is 'ordinarily resident' at the said premises. The petitioner has asked, inter alia for a declaration that the election of the respondent No. 1 from the Burtola Assembly Constituency is void and a further declaration that the respondent No, 2 has been duly elected,
(2.) The following issues were raised:- 1. Was the respondent No. 1 at any material time ordinarily resident at premises No. 124C, Dharamtolla Street, Calcutta, and as such, was he entitled to be registered in the electoral roll for the Taltola Assembly Constituency? 2. Was the registration of the name of the respondent No. 1 as a voter in the Taltola Constituency illegal as alleged in the petition?
(3.) Was there any waiver as alleged in paragraph 11 of the Written Statement?;