Judgment

VENKATARAMIAH, J. - The question which arises for consideration in this appeal is whether a Letters Patent appeal lies to a Division Bench of the High Court of Gujarat from an interlocutory order passed by a single Judge of that High Court in the course of the trial of an election petition filed under the provisions of the Representation of the People Act, 1951 (hereinafter referred to as the Act) or not.

2. At the election held on March 5, 1985 to fill a seat in the Legislative Assembly of the State of Gujarat from the Lunavada Legislative Assembly Constituency the appellant and respondents Nos. 1 to 6 were the candidates. At that election the appellant having secured the largest number of votes was declared as elected to the Legislative Assembly. Thereupon the 1st respondent filed an election petition in Election Petition No. 6 of 1985 on the file of the High Court of Gujarat under S. 81 of the Act questioning the validity of the election of the appellant on various grounds. The appellant contested the election petition. On the basis of the pleadings a number of issues were framed. In the course of the election petition, the first respondent had made inter alia the followi