B. J. DIVAN, B. K. MEHTA, J.

( 1 ) THESE three matters have been placed before us because of an order passed by our learned Brother A. N. Surti J. referring these matters to a larger Bench because of the importance of the questions involved in this Appeal from Order. Our learned Brother felt that since the matter is of public importance as it relates to an election dispute and as the question involved is one of reading and interpreting sec. 14 of the Gujarat Municipalities Act 1963 the matter should be heard and disposed of by a larger Bench.

( 2 ) ELECTIONS were held for the formation of municipality of Kalol District Mahesana. The elections were held on October 26 1980 Counting of votes was carried out on October 22 1980 and the result of the count was declared on October 30 1980 The Returning Officer found that the appellant in the present Appeal from Order Somabhai Kacharadas Patel had secured 642 votes whereas respondent No. 1 Patel Becharbhai Shambhubhai had secured 640 votes. At that stage a recount was requested and the Returning Officer granted the request for recount. After the recount it was found that respondent No. 1 had secured 642 votes whereas the appellant had secur

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