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1978 Supreme(Guj) 5

B.J.DIVAN, P.D.DESAI
RAMESHCHANDRA RAMANBHAI PATEL – Appellant
Versus
COLLECTOR,kheda – Respondent


Advocates Appeared: C.T.DAN, F.M.KOLIA, J.R.NANAVATI

B. J. DIVAN, P. D. DESAI, J.

( 1 ) THE town of Anand is a municipal borough within the meaning of the Gujarat Municipalities Act 1963 (hereinafter referred to as the Act ). It has a municipality which is a body corporate consisting of elected councilors. The last general election of councilors of the municipal borough was held sometime in 1972. At that time on the basis of the population of the municipal borough which was found to be 59069 at the census held in 1971 the number of councilors to be elected was fixed at 35. Out of the total number of seats of councilors deter. mined as aforesaid three seats were reserved for women and two seats were reserved for scheduled castes. For the purposes of the election the municipal borough was divided into wards and the number of members to be elected from each ward was duly determined. This was done by the State Government by an order made on June 1 1972 Accordingly the municipal borough was divided into 12 wards and 35 seats including reserved seats were allocated between those wards. Since the term of the councilors elected at the said general election was to come to an end on January 14 1978 it was necessary to hold a fresh general elect



















































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