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2023 Supreme(Guj) 585

A. S. SUPEHIA
Joitabhai Magandas Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mihir Joshi, Senior Advocate with Mr. Dipen Desai.
For the Respondent:Ms. Nidhi Vyas, AGP, Mr. Baiju Joshi, Mr. B.S. Patel, Senior Advocate with Mr. Umang H. Oza.

JUDGMENT :

1. RULE. Learned advocates appear and waives service of notice of Rule on behalf of the respective respondents.

2. The present writ petition stems out of the order dated 03.02.2023 passed by the respondent No.4–Presiding Officer i.e. Election Officer, Agriculturist Constituency, Agriculture Produce Market Committee, Vijapur, wherein and whereby the respondent No.4 has restrained the petitioner Nos.1 to 10 to vote in the agriculturist constituency for the election of Agriculture produce Market Committee (APMC), Vijapur, on 03.02.2023.

3. The brief facts leading to filing of the present writ petition are as under :

3.1 The Vajapur Seva Sahakari Mandali Limited-Respondent no.7 is a cooperative society and is registered as a Cooperative Society under the Gujarat Cooperative Societies Act, 1961 (the Act). The election of the APMC, Vijapur came to be declared on 17.08.2022 by the respondent No.2–Director, Agriculture Marketing and Rural Finance and accordingly, the election program dated 17.08.2022 was published.

3.2 The preliminary voters list was published on 02.09.2022. It is the case of the petitioners that the name of the society was included in the voters list in the capacity

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