A.K.Sinha, J. - (1.)The petitioner's case in the instant Writ petition is that he is a voter of the West Bengal Legislative Assembly and after the constitution of a Gram Shabha named "Nawda-Asannagar Gramshabha" he became a member thereof as his name was included on the Electoral Roll in the voters' list of one of its Constituency, Beltalspara. His further case is that the election of Anchal members of the Asannagar Anchal which was held from 17-4-1964 to 29-4-1964 and the election of respondent No. 5 and respondent No. 10 as Prodhan and Upa-Prodhan held on 11-5-1964 are all illegal because among those who were elected as members of the said Anchal Panchayet, the respondents Nos. 3 and 6 are both below 25 years and the respondent No. 4 Mahendra Nath Biswas is a Pakistani citizen who surrendered his Pakistani passport after coming to India sometime in 1953 and since then he has not been registered as a citizen of India. It is also alleged that the respondent No. 14, Paban Kumar Mondal, filed a false affidavit stating that he is Faka Mondal who is voter No. 74 in part No. 240 of the Assembly Electoral Rolls. Still further case of the petitioner is that the Paschim Asannagar Gram Shabha, a constituent of Asannagar Anchal, had Itself three Constituencies, namely, Paschim Asannagar Uttarpara having 4 seats for the Paschim Assannagar Panchayet, Paschim Asannaear Paschimpara having 3 seats and Paschim Assannagar Bazarapara having 3 seats and after the date of scrutiny of nomination papers was over, 35 voters were shifted to Paschimpara from Uttarpara and the number of seats was increased in Paschimpara from 3 to 4 and the number in Uttarpara was reduced from 4 to 3, and thus the entire election was vitiated by fatal irregularities.
(2.)Upon these facts the petitioner took several grounds and prayed for issue of a Writ in the nature of Mandamus directing the respondents Nos. 1 and 2, namely, the State of West Bengal and the Block Development Officer to withdraw and or cancel and or quash and or forbear from giving effect to the election of Asannagar Anchal as well as the election of Prodhan and Upa-Prodhan and also for a Writ hi the nature of certiorari to quash the proceedings pertaining to both the said elections and thereupon a Rule nisi in terms of Prayers (a) and (b) was issued.
(3.)The only point canvassed before me by Mr. Chatterjee the learned Advocate for the petitioner, is that both the said elections must be set aside as the respondent No. 4 who is a Pakistani citizen has been elected as one of the members of the said Anchal Panchayat and as such member he has participated in the election of Prodhan and Upa-Prodhan.