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Nagendra Nath Sen and anr. Vs. J. Vas Esqr. I.C.S. District Magistrate and Chairman District Board and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in60Ind.Cas.547
AppellantNagendra Nath Sen and anr.
RespondentJ. Vas Esqr. I.C.S. District Magistrate and Chairman District Board and ors.
Excerpt:
election - evidence, whether can le allowed to vary recorded voting paper showing election to be void--number of votes recorded exceeding maximum, effect of. - .....been allowed to vary the recorded voting paper which, on the fane of it, shows the election to be invalid and void.2. the principle that when the number of votes recorded exceeds the maximum that can be given the election must be invalid and void seems to us a perfectly sound one, and one that cannot be controverted in the case of any elective body, especially where there are no rules, as in this particular case, providing for any such contingencies that being so, the appeal must be dismissed with separate costs to the two sets of respondents who have appeared. we assess the hearing tee at two gold mohurs for each set.3. an application was made to the court for review of the foregoing judgment, and the judges who had passed the judgment having ceased to be attached to the court, the.....
Judgment:

1. We are of opinion that the learned Judge in the Court of Appeal below was perfectly justified in holding on the facts which we cannot go behind that the election was invalid and null and void, and that the Commissioner was justified in taking the action he did. We do not think that any evidence should have been allowed to vary the recorded voting paper which, on the fane of it, shows the election to be invalid and void.

2. The principle that when the number of votes recorded exceeds the maximum that can be given the election must be invalid and void seems to us a perfectly sound one, and one that cannot be controverted in the case of any elective body, especially where there are no rules, as in this particular case, providing for any such contingencies That being so, the appeal must be dismissed with separate costs to the two sets of respondents who have appeared. We assess the hearing tee at two gold mohurs for each set.

3. An application was made to the Court for review of the foregoing judgment, and the Judges who had passed the judgment having ceased to be attached to the Court, the application came before Sir Lancelot Sanderson, KT. C.J., and Justice Sir John Woodroffe, Kt., and Justice Sir Asutosh Mookerjee, KT., on 28th March 1916.


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