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2016 Supreme(Guj) 815

C.L.SONI
Jitendrasinh Manjisinh Vaghela – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioners:V.C. Vaghela for Anil H. Patel, Advocates.
For the Respondent:Neeraj Ashar, Asstt Govt Pleader, Hardik Raval, Advocate.

JUDGMENT :

C.L. Soni, J. (Oral) - By the present petition filed under Article 226 of the Constitution of India, the petitioners, who were elected members of the respondent No.4 Market Committee, have challenged the order dated 28.12.2015 passed by respondent No.1 appointing the Administrator for respondent No.4 Market Committee in exercise of the powers under Section 11(5)(a) of the Gujarat Agricultural Produce Market Act, 1963 (‘the Act’).

2. As per the case of the petitioners, term of the Market Committee had expired on 8.8.2012 and election program was declared to hold election of the Market Committee, however subsequently, such election program was cancelled by the respondent No.2. Then, new election program was declared. However, since the petition was filed against publication of the final voter list, direction was issued by this Court vide order dated 11.4.2012 in Special Civil Application No.396 of 2012 to declare election program from the stage of publication of the final voter list after the exercise in connection with finalisation of voter list was completed, as directed by the Court, by the Director. This order was challenged by the newly added party-respondent No.5 befor










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