PROFULLA KUMAR CHOUDHURY Vs. STATE OF WEST BENGAL AND ORS.

JUDGEMENT

(1.) The eight appellants were declared duly elected in the General Election for Commissioners of the Budge Budge Municipality that was, directed to be held in March, 1952. There were altogether twelve Commissioners to be elected one for Ward No. 1. one for Ward No. II. three for Ward No. III, four for Ward No. IV and three for the remaining Ward V. The appellants were declared duly elected as Commissioners for the single seat in Ward No. I, for two of the three seats in Ward No. II, for the four seats in Ward No. IV and for one of the three seats in Ward No. V. The four Commissioners that still remained to be elected were one for Ward No. II, one for Ward No. Ill and two for Ward No. V. When steps were being taken for election of these four Commissioners an order was passed by the State Government under section 553 of the Bengal Municipal Act, superseding the Commissioners of the Municipality. The material portion of the order is in these words :

(2.) On the 30th March, 1953. another order was passed by the Government extending the period of supersession til the 31st Dec., 1953. The District Magistrate of 24-Parganas issued a notice in June, 1953, fixing the holding of the General Election for all the twelve commissioners on the 27 tit Dec., 1953, ignoring the fact that eight commissioners had been duly elected already, 'though their names had not been published in the Gazette and they had not entered on their offices as commissioners. Six of these appellants then brought a suit challenging the legality of the proposed election for all the twelve seats, asking for a declaration that the rights of the eight persons elected as elected candidates, still existed and for consequential orders of injunction.

(3.) The trial Court dismissed the suit; but on appeal the Subordinate Judge decreed the suit and passed orders, the material portion of which is in these words :