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2023 Supreme(Guj) 472

A. J. DESAI, BIREN VAISHNAV
Bhagat Chiragkumar Mukeshbhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PERCY KAVINA, SENIOR COUNSEL ASSISTED BY MR DILIP B RANA
For the Respondent: MRS MANISHA LAVKUMAR, GOVERNMENT PLEADER, ASSISTED BY MS SHRUTI PATHAK, ASSISTANT GOVERNMENT PLEADER, MR VC VAGHELA

JUDGMENT :

A.J. DESAI, J.

1. The present group of Appeals under Clause 15 of the Letters Patent arises from a common oral order dated 14.3.2023 passed by learned Single Judge accepting the petitions 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 some of the members of original petitioner (private respondent herein), as voters in the 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 are not agriculturists as per the Bye-laws of the said APMC.

2. The appeals were listed on 24.3.2023 and considering the publication of election programme of the APMC, Bodeli, notice was made returnable on 28.3.2023. On 28.3.2023, learned advocate Mr. V.C. Vaghela appeared for private respondents and requested for time and accordingly, the appeals were adjourned to 3.4.2023. Accordingly, the appeals were heard on 3.4.2023.

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

3.1 That Director of Agricultural Marketing & Rural Fi

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