- (1.) J:- In this appeal by special leave, the question for consideration is whether the findings arrived at by the High Court of Gujarat in Election Petition No. 9 of 1972 on issues Nos. 1 and 5, which were tried as preliminary issues, are correct.
(2.) An election to elect four members of the Council of States from the State of Gujarat was to be held on April 8, 1972.
(3.) The appellant and respondents nos. 1 to 5 filed nominations. On scrutiny the returning officer held them to be valid. On April 8, 1972, the election was held at Gandhi Nagar and the appellant and respondents 2, 3 and 5 were declared elected.;