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2013 Supreme(Guj) 448

C.L.SONI
CHAUDHARY VISABHAI KARMSIBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR MIHIR JOSHI, SR. ADVOCATE with MR DIPEN DESAI, ADVOCATE for the Petitioners MR NEERAJ ASHAR, ASSTT GOVT PLEADER for Respondent Nos.1-3 NOTICE SERVED BY DS for the Respondent(s) No. 4

JUDGMENT :

1. RULE. Learned Assistant Government Pleader Mr. Neeraj Ashar waives service of Rule for respondent Nos.1 to 3. Though notice was served to the Market Committee-respondent No.4, nobody appeared and since it is a formal party, Rule was not issued to it. With the consent of the learned advocates for the parties, the petition was taken up for final disposal.

2. In this petition filed under Article 226 of the Constitution of India, the petitioners, who are elected members of the Agricultural Produce Market Committee, Harij-respondent No.4, have challenged the order dated 10.9.2013 passed by respondent No.1-State of Gujarat through its Joint Secretary (Appeal), Agricultural and Co-operation Department, under Section 46 of the Agricultural Produce Markets Act, 1963 (‘the Act’ for short) removing the office bearers of the Market Committee-the petitioners and appointing the District Registrar, Patan as Administrator of the Market Committee.

3. The case of the petitioners is that the election of the Market Committee was held on 24.3.2011 and they were elected in such election for which a notification under Rule 27 of the Gujarat Agricultural Produce Markets Rules, 1965 (‘the Rule

































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