ASHOK BHUSHAN,J. - (1.) Leave granted.
(2.) The civil appeals and writ petition, being tagged, all three matters have been heard together.
(3.) We need to notice the facts and pleadings in the first matter, i.e., Civil Appeal (arising out of SLP(C)No. 24950 of 2015-Parmar Samantsinh Umedsinh vs. State of Gujarat and Ors.). The abovesaid appeal has been filed against the judgment of Gujarat High Court dated 29.07.2015 in Special Civil Application No.12084 of 2015 dismissing the writ petition following an earlier Division Bench judgment dated 13.08.2010 in Pankajsinh Waghela v. State Election Commission through Election Commissioner and others. The writ petition was filed by the appellant herein challenging the vires of Section 5(3) (iii)(a) and Section 29A of the Gujarat Provincial Municipal Corporation Act, 1949 (hereinafter referred to as "Act, 1949") and other statutory provisions including Rules framed thereunder and the notifications. In the writ petition following reliefs were claimed: "(A)Issue a writ of declaration, declaring that: a) Section 5(3)(iii)(a) and 29A of the Gujarat Provincial Municipal Corporation Act, 1949 and b) Sections 2 and 3 of the Gujarat Local Authorities Laws (Amendment) Act, 2009 as being ultra vires the Constitution of India as it violates one member one ward mandate.(B) Issue a writ of declaration, declaring that Rule 4 and Rule 5 of the Bombay Provincial Municipal Corporation (Delimittaion of Wards in the City and Allocations of Reserved Seats) Rules, 1994 (including amendment of 2015) as being ultra vires the Constitution of India. (C) Issue a writ of declaration, declaring Notification No.KV-194 of 2014-ELE-102014-17010P dated 04.12.2014 as well as other Notification dated 15.01.2015 issued by State of Gujarat as ultra vires the Constitution of India and/or Gujarat Local Authorities Laws (Amendment)Act, 2009 and/or Gujarat Provincial Municipal Corporation Act, 1949. (D) Quash and set aside the order dated 11.12.2014 passed by the State Election Commission under Section 5(3)(iii)(b) of the Gujarat Provincial Municipal Corporation Act, 1949. (E) Pending admission, hearing and final hearing, be pleased to stay Notification No.KV-194 of 2014-ELE-102014-1701-P dated 04.12.2014 issued by the State of Gujarat as well as order dated 11.12.2014 passed by the State Election Commission under Section 5(3) (iii)(b) of the Gujarat Provincial Municipal Corporation Act, 1949. (F) Pending admission, hearing and final hearing, be pleased to stay the election process for the election due in October 2015 for Municipality in the State of Gujarat. (G) Costs. (H) Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case." ;