Judgment-

M. H. KANIA

( 1 ) LEAVE granted.

( 2 ) AS a substantial point of law is involved in this case, we have granted special leave and the Appeal is being taken up to hearing with the consent of the parties. The Appeal is directed against the judgment of a Division Bench of the Gujarat High Court (reported in 1989 (1) Guj LH 151), allowing the writ petition filed before it.

( 3 ) THE facts of the case relevant for the disposal of this Appeal, briefly stated, are as follows :

APPELLANTS Nos. 1 and 2 are persons elected in 1987 as Mayor and Deputy Mayor respectivevely of the Municipal Corporation of Bhavnagar, Respondent No. 5 herein (referred to in the judgment as "the Corporation" ). Appellant No. 3 is the Secretary of the said Corporation. Respondents Nos. 1 and 2 are persons claiming to have been elected as Mayor and Deputy Mayor of the Cororporation at a meeting held on 1/06/1988, the validity of which is disputed before us.

( 4 ) THE Corporation came into existence in 1982. The elections to the Corporation were duly held in 1985 and 51 members were elected. On 30/06/1987, appellants Nos. 1 and 2 were duly elected as Mayor and Deputy Mayor respectivevely of the Corporation for