IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, MAULIK J.SHELAT
Shree Kanaiya Khet Utpadan Kharid Vechan Sahakari Mandali Limited – Appellant
Versus
Arshibhai Devabhai Duva – Respondent
JUDGMENT :
(BIREN VAISHNAV, J.)
1. Both these appeals filed under Clause 15 of the Letters Patent arise out of a common CAV judgement dated 02.08.2022, by which, the learned Single Judge quashed and set aside the orders dated 30.09.2021 passed by the Authorized Officer – respondent no.4 rejecting the objections raised by the petitioner against the inclusion of the names of the respondent Nos.5 to 28 from voters’ list of traders’ constituency as well as cooperative marketing societies’ constituency. In other words, by quashing and setting aside the orders, the private respondents whose names are included in the voters’ list by the impugned orders was set aside. Aggrieved by this, the private respondents – the beneficiary voters are before us challenging the aforesaid judgement.
2. Facts before the learned Single Judge. In order to avoid duplication, the facts set out by the learned Single Judge in the judgement under challenge are reproduced and read as under:
2.1 The petitioner society is holding license of the market committee and is eligible to cast vote in the elections of the APMC, Bhatiya. The petitioner is included in the voters’ list in traders constituency, so also the cooperat
The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
The main legal point established in the judgment is that a writ petition under Article 226 of the Constitution of India is maintainable if the order is ultra vires or nullity and/or ex-facie without ....
The main legal point established in the judgment is that the appellants have an alternative remedy available under Rule 28 of the APMC Rules, and therefore, the petition under extraordinary jurisdict....
The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an elect....
The exclusion or inclusion of names in the voters' list does not warrant interference by the Court under Article 226 of the Constitution of India. The writ-applicant was relegate to avail statutory r....
Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.
As competent authority of respondent-Corporation after considering the findings of inquiry report has come to the conclusion to impose the punishment on petitioner of removal from service which does ....
When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.