N. M. MIABHOY, N. K. VAKIL, J.

( 1 ) THIS appeal is filed under sec. 116a of the Representation of the People Act 1951 (Act 43 of 1951) (hereinafter referred to as the Act) by Lalsing Keshrising Rehvar whose election to a seat in the Gujarat Legislative Assembly has been declared under sec. 100 (1) (b) read with sec. 123 sub-sec. (2) and (3) to be void by Mr. A. A. Dave the sole member of an Election Tribunal appointed under sec. 86 of the Act by his order dated 29th December 1962 in an election petition filed by Vallabhdas Shankerlal Thekdi respondent No. 1 herein. Sabarkantha District has been allotted one Parliamentary seat. This district consists of a number of talukas. These talukas were allotted between them six seats in the Gujarat State Legislative Assembly. In the elections held in 1962 one Pashabhai Patel was one of the candidates for the Parliamentary seat. He was fighting the election on the ticket of the swatantra party. We are not directly concerned with the election to the Parliamentary seat. We are also not directly concerned with the elections to the assembly seats except a seat allotted to a constituency consisting of Malpur and Bayad talukas of Sabarkantha Distric

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