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Phanindra Nath Sarkar Vs. Moulvi Dedar HossaIn Khan Chaudhury - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1938Cal240
AppellantPhanindra Nath Sarkar
RespondentMoulvi Dedar HossaIn Khan Chaudhury
Excerpt:
- .....district magistrate.2. now under section 138 (a), local self-government act, it is lawful for the local government to make rules consistent with the act for the purposes of determining the authority who shall decide disputes relating to such elections held under the act. in accordance with the powers conferred under the section, the local government laid down under rule 1 (a) of the rules made under section 138 (a), bengal local self. government act, that all disputes arising under these rules, other than objections under rules 15 and 42 shall be decided by the magistrate of the district and his decision is final. it is not suggested that she present case falls either within rule 15 or rule 42 and it follows that the authority empowered to decide the question before us under the act is.....
Judgment:

Bartley, J.

1. This rule in our opinion must be discharged upon the short ground that we are not entitled to interfere by way of revision. The rule was issued on the opposite party to show cause why an order made by the District Magistrate of Pabna, in virtue of which he declared the election of the petitioner to the Serajganj Local Board to be void should not be set aside. It would appear that previous to the election, certain objections were taken to the inclusion of the petitioner's name in the electoral roll and that these objections were disallowed. The petitioner was then elected as a member of the Board and subsequently to that further objections were taken as a result of which his election was set aside by the District Magistrate.

2. Now under Section 138 (a), Local Self-Government Act, it is lawful for the Local Government to make rules consistent with the Act for the purposes of determining the authority who shall decide disputes relating to such elections held under the Act. In accordance with the powers conferred under the section, the Local Government laid down under Rule 1 (a) of the rules made under Section 138 (a), Bengal Local Self. Government Act, that all disputes arising under these rules, other than objections under Rules 15 and 42 shall be decided by the Magistrate of the District and his decision is final. It is not suggested that She present case falls either within Rule 15 or Rule 42 and it follows that the authority empowered to decide the question before us under the Act is the District Magistrate.

3. Under Section 148 of the same Act every decision of the authority appointed under Clause (a) of Section 138 to decide disputes relating to elections under this Act shall be final and shall not be questioned in any Court. We are definitely of opinion that the emphatic wording of this section precludes interference by way of revision with any order made by the authority lawfully appointed to decide disputes relating to elections under the Local Self. Government Act of 1885. The order complained of is such a decision and therefore cannot be interfered with. The rule is accordingly discharged with costs, hearing lee two gold mohurs.

Nasim Ali, J.

4. I agree.


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