( 1 ) THE petitioner who was the original opponent No. 1 to the election petition has challenged the order of the Election Tribunal viz. the Assistant Judge Panchmahals dated 22nd March 1968 dismissing the petitioners application to treat the list of the voters as conclusive evidence under sec. 10 (3) of the Gujarat Municipalities Act 1963 hereinafter referred to as the Act and to desist from further inquiry by recording evidence as regards the age of the twenty-four voters who have been alleged to be below 21 years of age and were therefore alleged to be not qualified to be included in the voters list.

( 2 ) SEC. 9 (1) provides for the list of voters. It enacts that the electoral roll of the Gujarat Assembly prepared under the provisions of the Representation of the People Act 1950 for the time being in force on such date as the State Government may by general or special order notify in this behalf for such part of the constituency of the Assembly as it included in the relevant ward of a municipal borough shall for the purposes of this Act be deemed to be the list for such ward.

( 3 ) SEC. 9 (2) provides for its publication. Sec. 9 (3) lays-down that if on an application made the Officer who is to maintain the list of voters under sub-sec. 2 or on his own motion the designated officer is satisfied that the list of voters is at variance with the relevant part of the electoral roll of the Gujarat Legislative Assembly on account of any mistake in the list he shall amend the list so as to bring it in conformity with the said electoral roll and for that purpose may amend delete or add any entry in that list.

( 4 ) SEC. 10 provides that every person whose name is in the list of voters referred to in sec. 9 and who is not disqualified under the Act or any other law for the time being in force shall be qualified to vote and every person whose name is not in such list shall not be qualified to vote at the election of a member for the ward to which such list pertains.

( 5 ) SEC. 10 (3) enacts that subject to any disqualification incurred by a person the list of voters shall be conclusive evidence for the purpose of determining under this section whether the person is qualified or is not qualified to vote or is qualified or is not qualified to be elected as the case may be at any election.

( 6 ) SEC. 12 lays-down that no person shall vote at any municipal election under Municipalities Act if he (A) is of unsound mind and stands so declared by a competent Court or (b) is not a citizen of India or has voluntarily acquired the citizenship of foreign State or is under acknowledgment of allegiance or adherance to a foreign State.

( 7 ) SEC. 14 provides for resolution of disputes regarding validity of elections by the judge appointed for the purpose. Sec. 14 (5) (a) (iv) provides that if the judge is satisfied that the result of the election in so far as it concerns the elected candidate has been materially affected by the improper reception of any vote which is void or by any non- compliance with the provisions of this Act or any rules or the orders made under this Act the Judge shall set aside the election.

( 8 ) FROM this scheme of the Act it is clear that sec. 9 by a process of fiction treats electoral roll of the State Assembly for the time being in force on the notified date as the list of voters. Sec. 10 (1) confers the right of voting to every person whose name is on list of voters unless he is disqualified by the Act or by any other law. Sec 12 laying down the disqualification of the voters does not apply in the present case. There fore by reason of sec. 10 all these 24 voters whose names were shown in the list of voters were qualified to vote at lie impugned election has there was he question of any disqualification subsequently incurred by which persons. by reason of sec. 10 (3) the list of voters has to be treated as conclusive evidence for the purpose of determining under sec. 10 (1) whether these 24 voters were qu