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VAIBHAVI D. NANAVATI
Amrutlal Mulchandas Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioners' request for apmc elections. (Para 1 , 2) |
| 2. legislative framework and elections timeline. (Para 3 , 4 , 10) |
| 3. claim for extension of committee term. (Para 6) |
| 4. arguments against appointment of administrator. (Para 7) |
| 5. court's views on statutory obligations. (Para 12 , 14) |
| 6. conclusion on legal obligations and decisions. (Para 15 , 16) |
ORDER :
Draft amendment dated 02.07.2024 is taken on record and the same is allowed. To be carried out forthwith.
1. Heard Mr. Mihir Joshi, learned Senior Counsel appearing with Mr. Dipen Desai, learned advocate appearing for the petitioner and Ms. Manisha L. Shah, learned Additional Advocate General appearing with Mr. Jay Trivedi and Ms. Nidhi Vyas, learned AGP appearing for the respondent – State.
2. The Special Civil Application No.8831 of 2024 is preferred by the members of the Agriculture Produce Market Committee (for short ‘APMC’), Unjha and the Special Civil Application No.8833 of 2024 is preferred through the Chairman of the APMC, Unjha. The dispute involved in both the petitions is analogous and identical and in view thereof, both the petitions are heard together and are being disposed of by this common order.
2.1 T
The State has discretion under the Gujarat Act to either extend the term of market committee members or appoint an Administrator after the term expires, depending on the existence of valid reasons fo....
The discretion to grant extension of the term of office for members of the APMC under Section 14(3) of the Act, 1963 should be exercised judiciously and reasonably, and the right to hold office is no....
The State Government's discretionary powers to extend the term of APMCs must be exercised in a fair and impartial manner, supported by valid reasons, and based on a policy decision considering the im....
The tenure of elected municipal councillors is strictly five years as per constitutional mandate, with no provisions for extensions despite interruptions caused by administration appointments.
The tenure of elected municipal councils is fixed at five years without extension, and appointment of Administrators is valid during the interregnum to ensure governance.
The Administrator can be appointed under Section 315 of the Karnataka Municipalities Act when elections are not held before the end of the Municipal Council's five-year term, without violating Articl....
A society's governing body's term is strictly limited to three years; any extension requires new elections rather than relying on financial year definitions, emphasizing the importance of statutory c....
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