( 1 ) LEAVE to amend.

( 2 ) IN this petition under Article 226 of the Constitution, the petitioner has challenged the election of respondent No. 3 as a councillor in Mehsana municipality on the unreserved seat in ward No. 8 and has also challenged by an amendment granted today the constitutional validity of Rule 9 (a) and Rule 63 (4) of the Gujarat Municipalities (Conduct of Election) Rules, 1994.

( 3 ) THE elections to ward No. 8 of Mehsana Municipality were held on 11. 12. 2005 and the results were declared on 13. 12. 2005. Three councillors were to be elected from ward No. 8. Out of three seats, one was reserved for women, another seat was reserved for SEBC candidates and the third seat was a general seat, i. e. it was not reserved for any category. When the results were declared, the votes secured by different candidates were as under:- 1chiragbhai Gajendrakumar Barot1408 votes 2nilaben Bharat Kumar Harde1270 votes 3kulsumbibi Ibrahimbhai (respondent No. 3)1268 votes 4udaybhai Nareshbhai Vora (petitioner)1193 votes 5yusufbhai Ibrahimbhai Motisara1099 votes 6jaydevbhai Babulal Barot1097 votes there were also six other candidates who secured less than 1000 votes an