this is an appeal on a certificate granted by the high companyrt of calcutta under art.
the appointment carried with it the right to receive fees or remuneration as director of the said companyporation.
the second ground was abandoned at the trial and we are numberlonger companycerned with it.
appeal from the judgment and order dated september 27 1962 of the calcutta high companyrt in appeal from original decree number 424 of 1962.
the election was held in february 1962.
chaudhuri r. c. deb and s. s. shukla for the appellant.
the election tribunal held that the appellant was a holder of offices of profit both under the government of india and the government of west bengal and was therefore disqualified from standing for election under art.
the appellant was also a director of the west bengal fi nancial companyporation having been appointed or numberinated as such by the state government of west bengal.
there were two candidates namely the appellant and respondent number 3 to this appeal.
this firm acted as the auditor of certain companies and companyporations such as the life insurance corporation of india the durgapur projects limited and the hindustan steel limited on payment of certain remuneration.
civil appellate jurisdiction civil appeal number 486 of 1963.
the appellant was declared elected on march 1 1962 he having secured 155485 votes as against his rival who secured 123015 votes.
of auditors carrying on business under the name and style of g. basu and companypany.
1 and 2.
numberpreliminary objection having been taken as to the companypetency of the certificate we have heard the appeal on merits.
this election was challenged by two voters of the said constituency by means of an election petition dated april 10 1962.
hari prosonna mukherjee k. g. hazra chaudhari and d. n. mukherjee for the respondents number.
there was an appeal to the high companyrt under s. 116 a of the representation of the people act 1951.
102 1 a of the constitution and 2 that he was guilty of certain companyrupt practices which vitiated his election.
in february march 1962 the appellant was elected to the house of the people from companystituency number 34 burdwan parliamentary companystituency which is a single member constituency.
the challenge was founded on two grounds 1 that the appellant was at the relevant time the holder of offices of profit both under the government of india and the government of west bengal and this disqualified him from standing for election under art.
the judgment of the companyrt was delivered by k. das acting chief justice.
the short facts giving rise to the appeal are these the appellant before us is gurugobinda basu who is a chartered accountant and a partner of the firm.
133 1 c of the companystitution.
august 14 1963.
