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2023 Supreme(Guj) 470

A. J. DESAI, BIREN VAISHNAV
Patel Kaushik Manharbhai – Appellant
Versus
Vallabh Industries – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PERCY KAVINA, SENIOR COUNSEL ASSISTED BY MR DILIP B RANA
For the Respondent: MS MANISHA LAVKUMAR ASSISTED BY MS SHRUTI PATHAK, MR VC VAGHELA, NOTICE NOT RECD BACK

JUDGMENT :

A.J. DESAI, J.

1. The present Letters Patent Appeal under Clause 15 of the Letters Patent arises from an oral order dated 14.3.2023 passed by learned Single Judge accepting the petition filed by the private respondent and quashing and setting aside the order dated 22.2.2023 passed by the Authorized Officer and Cooperation Officer (Markets), Chhotaudepur by which names of the original petitioners - (private respondents herein), as voters of Traders Constituency for the elections of Agriculture Produce Market Committee Bodeli, Tal. Sankheda, Dist. Chhotaudepur were removed from the voters' list accepting the objections raised by the present appellants treating that they have not paid the cess fees periodically but have paid in lump sum.

2. The appeal was listed on 28.3.2023 and considering the publication of election programme of the APMC, Bodeli, notice was made returnable on 3.4.2023. Learned advocates appearing for the respective respondents appeared and waived service. Accordingly, the appeal was heard on 3.4.2023.

3. The short facts arise from the record are as under :-

3.1 That Director of Agricultural Marketing & Rural Finance, Gujarat State published the election progra

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