J. B. PARDIWALA, J. - (1.)The appellant -original writ petitioner by way of this appeal calls in question legality, validity and propriety of the order passed by learned Single Judge dated 18.11.2010 dismissing Special Civil Application No.10331 of 2010 only on the ground of delay without going into various other contentions raised by the appellant -original writ petitioner.
(2.)Facts relevant for the purpose of deciding this appeal can be summarized as under : -
(3.)The appellant -original petitioner is an elected member of Bavla Nagar Palika. The general elections of Bavla Nagar Palika were held in the year 2008. After the general elections are over, first meeting has to be convened as provided under Section 32 of the Gujarat Municipalities Act, 1963 (for short "the Act"). In this particular first general meeting after general election to a municipality, the President and the Vice -president are elected. This meeting is presided over by the Collector or such officer as the Collector may by order in writing appoint in this behalf. It would be appropriate to quote Section 32 of the Act, which reads as under : -
" 32.Election of President and Vice -President. - [(1) After a general election to a municipality the Collector shall call the first general meeting of the municipality for the election of the President and the Vice -President within the prescribed period.]

(2) The meeting called under sub -Section (1) shall be presided over by the Collector or such officer as the Collector may by order in writing appoint in this behalf. The procedure of the meeting shall be as prescribed by rules made by the State Government and the Collector or such officer shall have such powers as may be prescribed by the said rules but shall not have the right to vote.

(3) No business other than the election of the president and the vice -president shall be transacted at such meeting.

(4) If in the election of the president or the vice -president there is an equality of votes, the result of the election shall be decided by lot to be drawn in the presence of the Collector or the officer presiding in such manner as the Collector or as the case may be, the officer may determine."