JUDGMENT :

ASHOK BHUSHAN, J.

1. Leave granted.

2. The civil appeals and writ petition, being tagged, all three matters have been heard together.

3. We need to notice the facts and pleadings in the first matter, i.e. Civil Appeal (arising out of SLP (C) No. 24950 of 2015, Parmar Samantsinh Umedsinh vs. State of Gujarat and Others). The abovesaid appeal has been filed against the judgment of Gujarat High Court dated 29.07.2015 in Special Civil Application No. 12084 of 2015 dismissing the writ petition following an earlier Division Bench judgment dated 13.08.2010 in Pankajsinh Waghela vs. State Election Commission through Election Commissioner and others. The writ petition was filed by the appellant herein challenging the vires of Section 5(3) (iii)(a) and Section 29A of the Gujarat Provincial Municipal Corporation Act, 1949 (hereinafter referred to as “Act 1949”) and other statutory provisions including Rules framed thereunder and the notifications. In the writ petition following reliefs were claimed:

“(A) Issue a writ of declaration, declaring that:

(a) Section 5(3)(iii)(a) and 29A of the Gujarat Provincial Municipal Corporation Act, 1949.

(b) Sections 2 and 3 of the Gujarat Local Authorities Laws (Amendment) Act, 2009 as being ultra-vires the Constitution of India as it violates one member one ward mandate.

(B) Issue a writ of declaration, declaring that Rule 4 and Rule 5 of the Bombay Provincial Municipal Corporation (Delimittaion of Wards in the City and Allocations of Reserved Seats) Rules, 1994 (including amendment of 2015) as being ultra-vires the Constitution of India.

(C) Issue a writ of declaration, declaring Notification No. KV-194 of 2014-ELE-102014- 17010P dated 04.12.2014 as well as other Notification dated 15.01.2015 issued by State of Gujarat as ultra-vires the Constitution of India and/or Gujarat Local Authorities Laws (Amendment) Act, 2009 and/or Gujarat Provincial Municipal Corporation Act, 1949.

(D) Quash and set aside the order dated 11.12.2014 passed by the State Election Commission under Section 5(3)(iii)(b) of the Gujarat Provincial Municipal Corporation Act, 1949.

(E) Pending admission, hearing and final hearing, be pleased to stay Notification No. KV-194 of 2014-ELE-102014-1701-P dated 04.12.2014 issued by the State of Gujarat as well as order dated 11.12.2014 passed by the State Election Commission under Section 5(3) (iii)(b) of the Gujarat Provincial Municipal Corporation Act, 1949.

(F) Pending admission, hearing and final hearing, be pleased to stay the election process for the election due in October 2015 for Municipality in the State of Gujarat.

(G) Costs.

(H) Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case.”

4. The Division Bench of the High Court dismissed the writ petition noticing that earlier the vires of Section 5(3)(iii)(a) and Sections 29A(2)(a) and 29A(3)(a) of the Act, 1949 as well as Rule 4 of the Bombay Provincial Municipal Corporations (the Delimitation of Wards in the City and Allocation of Reserved Seats) Rules, 1994 were challenged and were upheld and the issues in the writ petition being covered by the earlier Division Bench judgment of the High Court in the case of Pankajsinh Waghela vs. State Election Commission and others, the writ petition is to be dismissed.

5. Aggrieved against the judgment of the Division Bench dated 29.07.2015 Civil Appeal (arising out of SLP (C) No. 24950 of 2015) has been filed.

6. The Civil Appeal (arising out of SLP (C) No. 30635 of 2015) has been filed against the Division Bench judgment of the High Court dated 21.10.2015 by which judgment Special Civil Application No. 16313 of 2015 filed by the respondents has been allowed. In the writ petition Clauses (3), (4) and (5) of Ordinance No. 3 of 2015 promulgated by the Governor of Gujarat were under challenge. A mandamus was also sought seeking a direction to the State Election Commission to declare the dates of holding Elections of Panchayats in t