SOMABHAI KACHARADAS PATEL Vs. PATEL BECHARBHAI SHAMBHUBHAI

JUDGEMENT

(1.) These three matters have been placed before us because of an order passed by our learned Brother A. N. Surti J. referring these matters to a larger Bench because of the importance of the questions involved in this Appeal from Order. Our learned Brother felt that since the matter is of public importance as it relates to an election dispute and as the question involved is one of reading and interpreting sec. 14 of the Gujarat Municipalities Act 1963 the matter should be heard and disposed of by a larger Bench.

(2.) Elections were held for the formation of municipality of Kalol District Mahesana. The elections were held on October 26 1980 Counting of votes was carried out on October 22 1980 and the result of the count was declared on October 30 1980 The Returning Officer found that the appellant in the present Appeal from Order Somabhai Kacharadas Patel had secured 642 votes whereas respondent No. 1 Patel Becharbhai Shambhubhai had secured 640 votes. At that stage a recount was requested and the Returning Officer granted the request for recount. After the recount it was found that respondent No. 1 had secured 642 votes whereas the appellant had secured 640 votes and because of the result of the votes as found at the time of the recount respondent No. 1 was declared as the successfully elected candidate and the appellant was declared to have lost the election. After the declaration of respondent No. 1 as elected councillor of Kalol Municipality Somabhai Kacharadas Patel the appellant before us filed an election petition being Miscellaneous Civil Application No. 37 of 1980 no November 6 1980 before the learned District Judge Mehsana. The District Judge is constituted the Tribunal to hear election petitions under the provisions of the Gujarat Municipalities Act 1963 During the pendency of the election petition before the learned District Judge Somabhai Kacharadas Patel the appellant filed the application Exhibit 5 and prayed for the following interim reliefs;

(3.) At that stage Somabhai Kacharadas Patel filed Special Civil Application No. 3292 of 1980 in this High Court. The Special Civil Application came up for admission on November 18 1980 before our learned Brother P. D. Desai J. The learned Single Judge was of the view that it would not be just and proper for this Court to intervene and to grant any relief on the special civil application. He observed that if the petitioner that is Somabhai Kacharadas Patel the appellant before us was unable to obtain any interim relief in the said proceedings it would be open to him to challenge the order of the Tribunal in that behalf.