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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. SUBHASH REDDY, VIPUL M. PANCHOLI, JJ.
Bhesavahi Group Vividh Karyakari Seva Sahakari Mandali Limited - Appellant
Versus
State of Gujarat & Ors. - Respondents
Letters Patent Appeal No. 569 of 2016 In Special Civil Application No. 2128 of 2016 With Civil Application No. 5612 of 2016 In Letters Patent Appeal No. 569 of 2016
Decided On : 01-07-2016
(B) Gujarat Agricultural Produce Markets Act, 1963---Section 11(1)(i) read with rule 8--- only members of the managing committee of primary agricultural credit cooperative society dispensing agricultural credit in market area alone are eligible for inclusion for holding elections to the agriculturist constituency of the market committee---- Under Rule 8(1) of the Rules, it is always open for the authorized officer to hold an inquiry that whether such proposed members of the managing committee are the members of primary agricultural credit cooperative society or not and whether such primary agricultural credit cooperative society is involved in dispensing of agricultural credit in the market area or not---. As the authority under Rule 28 has wide power to cancel, confirm and amend the election and to direct to hold fresh election in case the election is set aside, remedy under Rule 28 is an efficacious remedy
Result: Appeal Dismissed
R. Subhash Reddy, J.
This Letters Patent Appeal is filed by the original petitioner in Special Civil Application No. 2128 of 2016, aggrieved by the order of the learned single Judge dated 28.6.2016. In view of common questions of law on similar set of facts, the above petition and other Special Civil Applications were filed, which were heard together and disposed of by common order.
2. Special Civil Application No. 2128 of 2016 is filed with the following prayers:-
“(A) The Hon’ble Court be pleased to admit and allow this Special Civil Application.
(B) The Hon’ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned order dated 01.02.2016 passed by the respondent No.4 Authorized Officer at Annexure-A to the petition.
(C) The Hon’ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Authorized Officer to include the names of members of managing committee of the petitioner society in the voters list of agriculturist constituency for the elections of Agriculture Produce Market Committee, Jetpur Pavi.
(D) Pending final hearing and disposal of the petition, the Hon’ble Court be pleased to stay the execution, operation and implementation of order dated 01.02.2016 passed by the respondent No.4-Authorized Officer at Annexure-A to the petition and further be pleased to permit the members of managing committee of the petitioner society to participate in the elections of Agriculture Produce Market Committee, Jetpur Pavi.
(E) The Hon’ble Court may be pleased to grant such other and further relief/s as deemed just and proper by this Hon’ble Court in the interest of justice.”
2.1 The appellant-Bhesavahi-Group Vividh Karyakari Seva Sahakari Mandali Ltd is a cooperative society registered under the provisions of the Gujarat Cooperative Societies Act, 1961. Agriculture Produce Market Committee, Pavi Jetpur, Taluka-Pavi Jetpur, District-Chhota Udepur is constituted under the provisions of the Gujarat Agricultural Produce Markets Act, 1963 (hereafter to be referred to as “the said Act”). It is the case of the appellant society that in the year 2015, election programme was notified for election of the market committee. Subsequently, after publishing the final voters list, the 2nd respondent-Director passed order dated 5.5.2015 cancelling the programme on account of change in the limits of the market area of the said committee. Earlier, Special Civil Application was filed by one Govindbhai Gomabhai Rathwa, seeking direction to complete the process of altering the limits of the market area and this Court, vide order dated 5.5.2015 disposed of the said petition by recording the statement of the Assistant Government Pleader that alteration of the limits shall be finalized as early as possible, thereafter, fresh election programme will be notified. After the completion of the process of alteration of the limits of the market committee, the respondent no.2 herein published fresh election programme on 19.9.15 and the election was to be held on 21.12.2015. To conduct such election, preliminary voters list was published on 3.10.2015 by including the names of he members of the managing committee of the appellant society. Against such inclusion, the respondent nos. 5, 6 and 7 herein had raised certain objections objecting to the inclusion of the members of the managing committee of the original petitioner and other similarly placed societies in the voters list. Respondent no.4 herein, after holding an inquiry, passed common order dated 24.10.2015 deleting the names of the members of the managing committees of 17 societies including that of the appellant society. Such common order was passed by the authorized officer/election officer deleting the names of the members of the managing committee. Earlier the appell
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