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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J.
Arshibhai Devabhai Duva – Appellant
Versus
State of Gujarat – Respondent
Special Civil Application Nos. 15879, 15883 of 2021
Decided On : 02-08-2022
Constitution of India, 1950 – Article 226 – Gujarat Agricultural Produce Markets Committee Rules, 1965 – Rule-8 (1) – List of cooperative marketing societies – Special Civil Application – Agriculture Produce Market Committee – Both petitions arise out of impugned order passed by respondent no. 4-Authorized Officer, whereby, respondent rejected objections raised by petitioner against inclusion of names of respondent from voters' list of traders constituency for elections of Agriculture Produce Market Committee (APMC), Special Civil Application prayers of SCA – Held, Court is inclined to exercise extraordinary jurisdiction under Article 226 of Constitution of India, in view of aforesaid glaring irregularities committed by respondent authority/Authorized Officer – Publishing of four voters' lists of even date by Authorized Officer itself results in a dispute as to which voters' list can be said to be final – Consequently, voters' list published vide Outward is required to be quashed and set aside and same is hereby quashed and set aside. Accordingly, all four voters' list published vide Outward are also quashed and set aside – Respondent authority is directed to initiate election process with respect to election of APMC, Bhatia with respect to Traders' and Cooperative Marketing Societies' constituencies from stage of Rule-8 (1) of APMC Rules, 1965 i.e. fresh list is directed to be published after receiving objections, as required under Rule-8(1) of Rules, 1965 – Petition allowed.
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Issue Rule returnable forthwith. Mr. Bhargav Pandya, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent nos. 1 to 4-State and Mr. Bharat T. Rao, learned counsel waives service of notice on behalf of the respondent nos. 5 to 28.
Both the petitions arise out of the impugned order dated 30.09.2021 passed by the respondent no. 4-Authorized Officer, whereby, the respondent no. 4 rejected the objections raised by the petitioner against the inclusion of the names of the respondent nos. 5 to 28 from the voters' list of traders constituency for the elections of Agriculture Produce Market Committee (APMC), Bhatiya in Special Civil Application No. 15879 of 2021. The prayers of the SCA No. 15879 of 2021 reads thus:
(B) The Hon'ble Court may be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate, writ, direction or order, directing the respondent No. 4-Authorized Officer to delete/exclude the names of respondent Nos. 5 to 28 from the voters list of traders constituency for the elections of Agriculture Produce Market Committee, Bhatiya.
(C) Pending final hearing and disposal of this petition, the Hon'ble Court be pleased stay the execution, operation and implementation of the impugned order dated 30.09.2021 passed by the respondent No. 4-Authorized Officer, annexed at Annexure-A to the petition and thereby be pleased to restrain the respondent Nos. 5 to 28 from participating in the election of Agriculture Produce Market Committee, Bhatiya from the traders constituency.
(D) The Hon'ble Court be pleased to grant such other and further relief in the interest of justice.
1.1. By way of the Draft Amendment, the petitioner has prayed for the following reliefs:
“6(BB) This Hon'ble Court be pleased to issue writ of certiorari or writ in the nature of certiorari or any other appropriate writ, direction or order, quashing and setting aside the notification dated 04.10.2021 bearing Outward No. 363 of 2021, annexed at Annexure-L to this Petition, so also the final voters list published vide notification bearing Outward No. 360 so far as includes the names of the respondent nos. 5 to 28.”
“6(CC) Pending hearing and final disposal of the main petition, the Hon'ble Court be pleased to stay the execution, operation and implementation of notification dated 04.10.2021 bearing outward No. 363 of 2021, annexed at Annexure-L to the application, so also the final voters list published vide notification bearing outward no. 360 so far as includes the names of the respondent nos. 5 to 28.
6(CCC) Pending final hearing and disposal of the petition, the Hon'ble Court be pleased to stay the further process of elections of Traders Constituency of APMC, Bhatia.”
2. The petitioner is aggrieved with the inclusion of the respondent nos. 5 to 10 in the voters' list of cooperative marketing societies' constituency for the elections of Agriculture Produce Market Committee (APMC), Bhatiya in Special Civil Application No. 15883 of 2021. The prayers of Special Civil Application No. 15883 of 2021 reads thus:
(B) The Hon'ble Court may be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate, writ, direction or order, directing the respondent No. 4-Authorized Officer to delete/exclude the names of respondent Nos. 5 to 10 fro
The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
As competent authority of respondent-Corporation after considering the findings of inquiry report has come to the conclusion to impose the punishment on petitioner of removal from service which does ....
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
The main legal point established in the judgment is that a writ petition under Article 226 of the Constitution of India is maintainable if the order is ultra vires or nullity and/or ex-facie without ....
Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.
The main legal point established in the judgment is that the appellants have an alternative remedy available under Rule 28 of the APMC Rules, and therefore, the petition under extraordinary jurisdict....
The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an elect....
The exclusion or inclusion of names in the voters' list does not warrant interference by the Court under Article 226 of the Constitution of India. The writ-applicant was relegate to avail statutory r....
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