P.N.BHAGWATI, J.M.SHELAT
BAHICHANDBHAI MAGANLAL SHAH – Appellant
Versus
STATE – Respondent
( 1 ) THIS is a petition under Article 226 of the Constitution for a writ of mandamus or any other appropriate direction order or writ for quashing and setting aside the election of the Councilors to the Municipality for the municipal district of Petlad held on 9th July 1962 and directing respondents Nos. 1 and 2 namely the State and the Collector to reconstitute the wards comprising the whole of the extended limits of the municipal district of Petlad and for a writ of quo warranto or a writ in the nature of quo warranto calling upon respondents Nos. 5 to 32 who are purported to be elected as Councilors at the election to state by what authority each of them claims to hold the office of a Councilor and restraining them from acting as such Councilors. The question arising in the petition is one of some importance but it does not admit of much doubt or debate and is relatively simple and easy of solution. But before we proceed to state the question and deal with it is necessary to mention briefly a few facts giving rise to the petition.
( 2 ) PRIOR to the extension of its limits on 11th October 1960 the municipal district of Petlad consisted of various
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