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2016 Supreme(Guj) 687

C.L.SONI
Azamukhi Dangar Utpadakoni Sahakari Mandali Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :B.S. Patel, Advocate
For the Respondents: Prakash K. Jani, Addl. AG and J.K. Shah, Asstt. Government Pleader

JUDGMENT

C.L. Soni, J.

1. The petition is taken up for final disposal at the notice stage with the consent of the learned advocates for the parties.

2. The challenge made in the present petition filed under Article 226 of the Constitution of India is against the order dated 16.2.2016 passed by the authorized officer removing the names of members of Managing Committee of the petitioner No. 1 society from provisional list of voters of co-operative marketing societies constituency for election of the Agriculture Produce Market Committee, Sanand.

3. The main objections raised against the inclusion of the names of members of managing committee of the petitioner No. 1 society are that the object of the society is not of purchase and sale of agriculture produce but to provide livelihood to its members by collective farming through them on the land to be taken from the Government. The petitioner No. 1 society represented that it has got licence from the Agriculture Produce Market Committee, Sanad, that its object is also to purchase and sale agriculture produce and it got bye-law No. 3(2) approved on 21.7.2015.

4. The authorized officer however has observed in the impugned order that as per the




























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