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1983 Supreme(Guj) 82

N.H.BHATT
KANCHANLAL BRIJLAL PATEL – Appellant
Versus
KEKI RUSTOMJI DAVAR – Respondent


Advocates Appeared: J.V.MEHTA, JIVANLAL G.SHAH, Y.V.SHAH

N. H. BHATT, J.

( 1 ) ). The powers of the District Court dealing with an election petition are to be found in Sec. 14 of the Gujarat Municipalities Act. Sub-section (5) deals with various grounds regarding the existence of which the Judge being satisfied the Judge may set aside the election. Certainly the non-compliance with the provisions of Sec. 7 (2) of the Act does not fall in any of those Grounds there. This brings me to sub-sec. (7) of sec. 14 of the Act which is reproduced below:" (7) If the validity of the election is brought in question only on the ground of any error by the officer or officers charged with carrying out the rules made under sub-sec. (5) of sec. 6 or of an irregularity or informality not corruptly caused the Judge shall not set aside the election. Explanation :- The expression error in this clause does not include any breach of or any omission to carry out or any non-compliance with the provisions of this act or the rules made thereunder whereby the result of the election has been materially affected. "obviously sub-sec. (7) deals with the Rules made under sub-sec. (S) of sec. 6 or the Rules made under Sub-Sec. (6) of sec. 9 (C ). Under sec. 6 (5) the Rules





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