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2022 Supreme(Guj) 782

VAIBHAVI D. NANAVATI
Arshibhai Devabhai Duva – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
Dipen Desai, Bhargav Pandya, Bharat T.Rao, Advocates

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:

    (A) The Hon'ble Court may be pleased to issue a Writ of Certiorari or Writ in the nature of Certiorari or any other appropriate, writ, direction or order, quashing and setting aside the impugned order dated 30.09.2021 passed by the respondent No. 4-Authorized Officer, annexed at Annexure-A to the petition.

(B) The Hon'ble Court may be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus

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