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2006 Supreme(SC) 832

K.G.BALAKRISHNAN, D.K.JAIN
Jayrajbhai Jayantibhai Patel – Appellant
Versus
Anilbhai Jayantibhai Patel – Respondent


JUDGMENT

D.K. Jain, J.—Leave granted.

2. The Appellant, arrayed as the first Respondent in three writ petitions (Special Civil Applications No. 22379, 22385 and 22391 of 2005 with Civil Applications No. 12966 and 12967 of 2005), questions the legality of a common judgment and order dated 23rd February, 2006 rendered by a Division Bench of the Gujarat High Court. By the impugned Judgment, election of the Appellant as President of Anand Municipality has been set aside and Respondent No. 1, namely, Vijaybhai Haribhai Patel has been declared as the elected President of the said Municipality.

3. General elections to the office of the councillors to constitute Anand Municipality in the State of Gujarat were held on 25th October, 2005. Out of total 42 councillors, 19 were elected as candidates sponsored by Bhartiya Janta Party (for short "the B.J.P") and the other 23 candidates were elected as independent candidates. On 29th October, 2005, the Collector of Anand District issued a notice in terms of Section 32 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act") read with Rules 3 and 4 of the Gujarat Municipalities (President and Vice-President) Election Rules, 1964





































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