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2016 Supreme(SC) 891

J.CHELAMESWAR, PRAFULLA C.PANT
VINESHKUMAR MAVJIBHAI PARMAR – Appellant
Versus
DETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. – Respondent


JUDGMENT

Chelameswar, J.

1. All these eight appeals are preferred by the unsuccessful respondents in various special civil applications (writ petitions under Article 226 of the Constitution) before the High Court of Gujarat at Ahmedabad disposed of by a common judgment dated 17.3.2015.

2. Whether the members of the Managing Committees of co-operative societies (against whom proceedings under Section 107 of the Gujarat Co-operative Societies Act, 1961 are pending) have a right to participate in the election process of an Agricultural Produce Marketing Committee constituted under the Gujarat Agricultural Produce Markets Act, 1963. The two enactments mentioned above are referred to hereinafter as “the SOCIETIES ACT” and “the MARKETS ACT”.

3. The facts leading to the present litigation:

Sec. 9 of the MARKETS ACT contemplates the establishment of a “Market Committee” for every “market area”. Both expressions are defined under Section 2(xiii) and 2 (xiv) [Section 2 (xiii) “market area” means any area declared or deemed to be declared to be a market area under this Act;
Section 2(xiv) “market committee” means a market committee established or deemed to be established under this Act;
].

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