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1999 Supreme(Guj) 748

D.H.WAGHELA, R.K.ABICHANDANI
AKBARBHAI RAHIMBHAI MOMIN – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.PANDEY, K.S.JAVERI, P.G.DESAI, P.K.JANIKIRAN

R. K. ABICHANDANI, J.

( 1 ) BOTH these appeals involve common questions and have been argued together.

( 2 ) THE appellants are aggrieved by the decision of the learned Single Judge rejecting their petitions for restraining the respondents from including in the voters list of the Agriculturists Constituency of the Siddhpur Agricultural Produce Marketing Committee, the members of the managing committees of the co-operative societies dealing in milk and animal husbandry, because there has not been any declaration of intention of regulating purchase and sale of these items which are specified in the Schedule to the Gujarat Agricultural Produce Markets Act, 1963. The learned Single Judge construing the provisions of Section 11 of the said Act and the Circular dated 30. 12. 1982 held that the co-operative societies engaged in producing milk and in animal husbandry, but dispensing agricultural credit were also eligible for inclusion in the agricultural constituency. It has been held that the authorised officer has yet to decide whether they should be included in the voters list. The authorised officer, as defined in Rule 2 (ii) of the Rules framed under the said Act, who is the competent









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