( 1 ) THE above referred Special Civil Applications Nos. 10139/2005 and 10140/2005 were referred to a Larger Bench by the Bench comprising Honble Mr. Justice R. S. Garg and Honble Mr. Justice Ravi R. Tripathi under order dated 30th June, 2005.

( 2 ) THE petitioners challenge the constitution of wards of Valsad Municipality under order dated 11th May, 2005 made by the Chief Election Commissioner, Gujarat State. The challenge is on various grounds stated in the writ petitions but mainly on the grounds that the constitution of wards has been made with ulterior motive, in violation of mandatory requirement of Section 7 (2) of the Gujarat Municipalities Act, 1963 (hereinafter referred to as, the Act of 1963), and that certain dubious and non-existing blocks are included/interpolated in ward No. 3 though the actual population in wards No. 3 is less than a thousand.

( 3 ) THE writ petitions were contested by the Election Commission and the Government of Gujarat. A preliminary objection was raised with respect to the maintainability of the writ petitions. The Honble Judges were of the opinion that delimitation cannot be challenged in an Election Petition. The Honble Judges,