( 1 ) IN these petitions under Article 226 of the Constitution, three councillors of Anand Municipality have challenged the election of the first respondent herein (Jayrajbhai jayantibhai Patel) as President of the Anand Municipality on 8. 11. 2005. The petitioner in Special Civil Application No. 22391 of 2005 has also prayed that petitioner " (Vijaybhai haribhai Patel) be declared as having been elected as the president of Anand Municipality. The petitioners in the other two petitions have supported the prayer for the said declaration.

( 2 ) SINCE the Gujarat Municipalities Act, 1963 does not provide for any machinery or forum for determining challenge to election of President and Vice President of the Municipality, this Court has entertained the petitions and heard them on merits. FACTS

( 3 ) ELECTIONS to the Anand Municipality were held on 25. 10. 2005 and the results were declared on 27. 10. 2005. Out of total 42 councillors, 19 were elected as the candidates sponsored by BJP and the other 23 candidates were elected as independent candidates. On 29. 10. 2005, the Collector, Anand issued a notice under Section 32 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act") and Rules 3 and 4 of the gujarat Municipalities (President and Vice President) election Rules 1964 (hereinafter referred to as "the rules" or "the Election Rules") declaring the program for election of President and Vice President of the Anand municipality on 8. 11. 2005 at 1. 00 PM in the Anand municipality meeting hall. At the meeting conducted on 8. 11. 2005 presided over by the Resident Deputy Collector nominated by the Collector, out of 42 elected councillors of the Municipality, 38 were present, two councillors " anilbhai Patel and Meenaben Gohil were not present because they were arrested by the police at about 12. 30 pm on the date of meeting. As per the provisions of section 33 (1) (a) of the Act and as per the Government notification dated 9. 7. 2002, it was decided at the meeting that for the first two and a half year term, the office of President was not reserved for any class. As far as the office of Vice President is concerned, the term is five years.

( 4 ) AS per Rule 6 of the Election Rules after the term of the President and Vice President is determined at the meeting, the Presiding Officer shall invite nominations for the election of the President. Similarly, at the meeting nominations are also to be invited for the office of the Vice President where such election is due. Two councillors offered their candidature for the office of president. 19 councillors cast their vote in favour of the first respondent by show of hand. Thereafter the other 19 councillors cast their vote in favour of vijaybhai Haribhai Patel (petitioner in Special Civil application No. 22391 of 2005 ). There is no dispute about the fact that there was no overlapping and the 19 councillors who voted in favour of the first respondent were different from the 19 councillors who voted in favour of Vijaybhai Haribhai Patel. In view of equality of votes, on the basis of provisions of sub-section (4) of Section 32, the Presiding Officer drew lots and the first respondent (Jayrajbhai Jayantibhai Patel) was declared as elected as President of Anand Municipality w. e. f. 8. 11. 2005 for a term of two and a half years.

( 5 ) SIMILAR procedure was followed for electing the Vice president for which office, there were two candidates, namely Ghanshyambhai Khemchandbhai Khatri and mohammedsafi Gulamnabi Vora (the second respondent ). For elections to this office also, 19 members voted in favour of Ghanshyambhai Khemchandbhai Khatri and the other 19 members voted in favour of the second respondent. Here also, in view of equality of votes, on the basis of the provisions of sub-section (4) of Section 32 of the Act, the Presiding Officer drew lots and on that basis declared the second respondent as the Vice President of the Anand Municipality for a term of f