N.K.VAKIL, P.N.BHAGWATI
CHHOTALAL JIVABHAI PATEL – Appellant
Versus
VADILAL LALLUBHAI MEHTA – Respondent
( 1 ) THESE appeals under Clause 15 of the Letters Patent are directed against two orders passed by N. G. Shelat J. in Election Petition No. 18 of 1967. The facts giving rise to these appeals are common and for the most part undisputed and they may be briefly stated as follows.
( 2 ) ON 13th January 1967 the Governor of Gujarat issued a Notification under sec. 15 (2) of the Representation of the People Act 1951 (hereinafter referred to as the Act) calling upon all Assembly Constituencies in the State of Gujarat to elect members to the Legislative Assembly. The dates for various stages of the election were thereafter fixed by the election Commission by a Notification issued under sec. 30 and a public notice was issued under sec. 31 by the Returning Officer inviting nominations of candidates for the election Nomination papers for the election from the Daskroi Legislative Assembly Constituency No. 68 were accordingly filed by nine candidates. But out of them seven withdrew their candidature within the prescribed time leaving a straight contest between the remaining two candidates namely respondents Nos. 1 and 2. The polling for the election took place on 15th Februar
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