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2016 Supreme(Guj) 817

AKIL KURESHI, MOHINDER PAL
Kalubhai Ishrabhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioners:Dipen Desai, Advocate.
For the Respondents:Manisha Lavkumar Shah, GP Assisted by Dhawan Jayswal, AGP., D.S. Aff. Not Filed (R), Anshin H. Desai with Anand V. Thakkar, Advocates.

JUDGMENT :

Akil Kureshi, J.

The petitioner has challenged an order dated 08.05.2015, at Annexure-A to the petition, rejecting petitioner's objection to as many as 40 traders, whose names were included in the voters list in the traders constituency for the election to the Agriculture Produces Market Committee, Pathavada, Dist. Banaskantha. The litigation has long history.

2. Brief facts are as under:-

2.1 On 10.12.2014, the Director of Agricultural Marketing and Rural Finance Department, Government of Gujarat (“the Director” for short), published election programme for electing members to the said APMC. After completion of various stages, as per this notification, the election would be conducted on 10.03.2015, counting of the votes would take place on 11.03.2015, followed by declaration of the results of the elections. On the ground that revenue area of three villages, Pasavada, Satarvada and Rampura (Pasavada) were added within the geographical limits of the APMC, election programme was cancelled by issuing notification dated 13.02.2015, inviting objections to inclusion of these three villages within the APMC.

2.2 On 20.02.2015, agenda for the meeting to be convened on 28.02.2015 of APM























































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