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HIGH COURT OF GUJARAT
BIREN VAISHNAV
Joitabhai Magandas Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(BIREN VAISHNAV, ACJ.)
1. This appeal under Clause 15 of the Letters Patent has been filed by the appellant challenging the oral judgement dated 14.03.2023 passed by the learned Single Judge. The learned Single Judge dismissed the petition of the appellants on the ground that the petitioners/appellants herein can avail an alternative efficacious remedy of filing an election petition/appeal under Rule 28 of the Gujarat Agricultural Produce Markets Rules, 1965 (hereinafter to be referred to as ‘the Rules’ for short).
2. Facts in brief as set out by the learned Single Judge which we reproduce so as to avoid the reiteration thereof read as under:
“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
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