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2015 Supreme(Guj) 796

JAYANT PATEL, RAJESH H.SHUKLA
KARJIPURA (GODH) SEVA SAHAKARI MANDALI LIMITED – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR DIPEN DESAI, ADVOCATE for the Petitioner(s) No. 1
MR MANISHA SHAH GP with MR RAKESH PATEL AGP for the Respondent(s) No. 1 5
MR ANSHIN DESAI for MR ANAND V THAKKAR, ADVOCATE for the Respondent(s) No. 6

JUDGMENT :

JAYANT PATEL, J.

1. Rule. Ms.Manish Shah, learned GP appearing for the respondent no.1State and its authorities and Mr.Anshin Desai learned counsel appearing for the private respondents. With the consent of parties, the petitions are finally heard.

2. In both petitions, common questions arise for consideration as to whether the societies whose names were already included in the voters’ list could be said as defunct society by the authorised officer and thereby to exclude the name from the voters’ list or not.

3. We may record that for the election programme and various stages of the election programme, there is no dispute. It is also undisputed position that the petitioners-society and members of the Managing Committee were included in the provisional voters’ list. However, the objections were filed against the names of the members of the Managing Committee of the petitioners-society by the private respondents on the ground that they were not required to be included in the voters’ list and their names are required to be excluded in the voters’ list. The authorised officer has given opportunity of hearing before considering the objection and in the written submission made on






























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