Gujarat High Court
Sinor Taluka Ker Utpadako vs Authorized Officer And on 30 April, 2013
Author: Jayant Patel
Bench: Jayant Patel
SINOR TALUKA KER UTPADAKO NI KHARID VECHAN ANE PROCESSINGV/SAUTHORIZED OFFICER AND CO-OPERATION OFFICER (MARKET) C/SCA/7990/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 7990 of 2013 ================================================================ SINOR TALUKA KER UTPADAKO NI KHARID VECHAN ANE PROCESSING & 1....Petitioner(s) Versus AUTHORIZED OFFICER AND CO-OPERATION OFFICER (MARKET) & 1....Respondent(s) ================================================================ Appearance: MR DILIP B RANA, ADVOCATE for the Petitioner(s) No. 1 - 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE S.G.SHAH Date : 30/04/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. By way of this petition, the petitioners have prayed for appropriate writ to quash and set aside the order dated 24.02.2013 passed by the Authorized Officer and it is also prayed to direct the respondent Authorized Officer to accept the application made for replacement or change of their representatives / officer in the society.
We have heard Mr.Rana, learned advocate for the petitioners.
It is undisputed position that the election process is going on. The further action could not be said to be wholly ultra vires to the powers of the authorized officer. Whether the representative of the society are validly changed or not is the aspect which requires further examination. Under these circumstances, we find that when the election process is going on, it would not be the case for interference by this Court. In the event, if the petitioners are aggrieved after the declaration of the result of the election, the petitioners may file appropriate proceedings for challenging the election before the appropriate forum, if permissible under the law.
With these aforesaid observations, the present petition disposed of.
(JAYANT PATEL, J.) (S.G.SHAH, J.) Girish Page 2 of 2