Gujarat High Court
Pratapgadh Seva Sahakari Mandali ... vs State Of Gujarat & 4 on 24 March, 2017
Author: S.G. Shah
Bench: S.G. Shah
C/SCA/5646/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 5646 of 2017
[On note for speaking to minutes of order dated 23/03/2017 in
C/SCA/5646/2017 ]
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PRATAPGADH SEVA SAHAKARI MANDALI LIMITED....Petitioner(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR BHARAT T RAO, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 3 - 5
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 24/03/2017
ORAL ORDER
Heard learned advocate for the petitioner. He has rightly pointed out that there is typographical error in the order dated 23.03.2017, in as much as, on second page of the order, word "allegations" is typed in place of word "elections". Therefore, such word is to be corrected accordingly. Note for speaking to minutes is disposed of. Direct Service is permitted.
(S.G. SHAH, J.) drashti Page 1 of 1 HC-NIC Page 1 of 4 Created On Sat Mar 25 00:42:34 IST 2017 1 of 4 C/SCA/5646/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 5646 of 2017 ========================================================== PRATAPGADH SEVA SAHAKARI MANDALI LIMITED....Petitioner(s) Versus STATE OF GUJARAT & 4....Respondent(s) ========================================================== Appearance:
MR BHARAT T RAO, ADVOCATE for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1 MR PRAKASH JANI, ADDL. ADVOCATE GENERAL with MR NIRAJ ASHAR, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 3 - 5 ========================================================== CORAM: HONOURABLE MR.JUSTICE S.G. SHAH Date : 23/03/2017 ORAL ORDER Heard learned advocate Mr.B.T. Rao for the petitioner and Mr.Prakash Jani, learned AAG with Mr.Niraj Ashar, learned AGP for the respondent No.1.
Learned AAG Mr. Prakash Jani has submitted that Mr.Naran K. Muchhar, Deputy Collector, Wankaner and Mr.Dharmesh V. Gadhavi, I/c. District Registrar, Morbi are present before the Court and on instruction and discussion with them, the details that how election is to be held Page 1 of 3 HC-NIC Page 2 of 4 Created On Sat Mar 25 00:42:34 IST 2017
2 of 4 C/SCA/5646/2017 ORDER is disclosed to the Court.
Considering the facts and circumstances emerging from the record, it is rightly pointed out by learned AAG Mr. Prakash Jani that the respondent shall take necessary endeavor to see that election of the Wankaner Taluka Sahakari Kharid Vechan Sangh Limited would be held in accordance with rule so as to complete the entire election process on or before 30.6.2017. For the purpose, Deputy Collector will carry out the exercise of delimitation of Constitution as per guidelines confirmed by the Hon'ble Supreme Court of India in the case of Rajkot District Cooperative Bank Limited v. State of Gujarat reported in AIR 2015 SC 489. It is made clear that since for such delimitation of Constitution some correspondence and exercise was ongoing, the respondent shall not take much time in completing such exercise and shall see that allegations are completed on or before 30.6.2017, without fail. However, this Court has not entered into the merits of the dispute between the parties and, therefore, parties are at liberty to raise any issue in appropriate proceeding, if so require.
This petition stands disposed of with the above observation. Notice is discharged.
Page 2 of 3HC-NIC Page 3 of 4 Created On Sat Mar 25 00:42:34 IST 2017 3 of 4 C/SCA/5646/2017 ORDER (S.G. SHAH, J.) * Vatsal Page 3 of 3 HC-NIC Page 4 of 4 Created On Sat Mar 25 00:42:34 IST 2017 4 of 4