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1993 Supreme(Guj) 261

R.D.VYAS, S.D.SHAH
P. N. BAROT – Appellant
Versus
STATE – Respondent


Advocates Appeared: ALTAF AHMED, B.M.MANGUKIYA, P.M.RAVAL, R.M.CHHAYA, S.B.VAKIL, Y.N.OZA

SHAH, J.

( 1 ) ). This petition under Art. 226 of the Constitution of India is filed by a duly elected Corporator of the Ahmedabad Municipal Corporation, who was also Ex-Mayor of the Corporation to challenge the constitutional validity of Gujarat Local Authorities (Temporary Postponement of Elections and Extension of Term) Act, 1993 (hereinafter referred to as "the Postponement of Election Act"), in so far as it seeks to postpone the General Elections of Councillors of the Corporations in four major metropolis, viz. , Ahmedabad, baroda, Surat and Rajkot. Though in the main petition, a prayer for issuance of writ was made to declare the entire Postponement of Elections Act, 1993 as ultra vires the Constitution of India and for quashing and setting aside the said enactment, it must be stated that at the hearing of this petition, challenge was confined to Sec. 3 (a) of the said Act. It must also be stated that though no specific relief was prayed for holding election of the Councillors of the said Corporations, as a relief consequential to the main relief, in the course of submission, it was also prayed that directions must be issued to the respondents and more particularly to the Comm


















































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