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2025 Supreme(Guj) 1167

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


Advocates Appeared:
For the Appellants : Mr Bharat T. Rao
For the Respondents: Mr Dipan Desai, Rule Served.

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

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