Gujarat High Court
Harpalsinh Jagdevsinh Chudasama vs State Of Gujarat on 8 November, 2022
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/5524/2022 ORDER DATED: 08/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5524 of 2022
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HARPALSINH JAGDEVSINH CHUDASAMA
Versus
STATE OF GUJARAT
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Appearance:
MR KP CHAMPANERI(5643) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 2
MR AAYAN PATEL, AGP for the Respondent(s) No. 1,3,4
MR DAXAY D PATEL(6633) for the Respondent(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 08/11/2022
ORAL ORDER
1.Heard learned advocate Mr. K.P. Champaneri for the petitioners, learned Assistant Government Pleader Mr. Aayan Patel for respondent nos. 1,3 and 4, learned advocate Mr. V.C. Vaghela for respondent no.2 and learned advocate Mr. Daxay D. Patel for respondent no.5.
2.By this petition, the grievance is made by the petitioner of not holding the election of Agricultural Produce Market Committee, Page 1 of 4 Downloaded on : Wed Nov 09 20:59:40 IST 2022 C/SCA/5524/2022 ORDER DATED: 08/11/2022 Dhandhuka and further direction is sought to initiate the process of election of Market Committee of the said APMC in accordance with the provisions of Rule 4 of the Gujarat Agricultural Produce Markets Rules, 1965 and to fix the dates of election.
3.At the outset, learned Assistant Government Pleader Mr. Ayaan Patel for respondent no.4 tendered further affidavit in compliance of order dated 11.10.2022 passed by this Court and submitted that by exercising the powers under the Gujarat Agricultural Produce and Marketing (Promotion and Facilitation), Act, 1963, Director - Agricultural Marketing and Rural Finance, Gujarat State issued notification dated 17.10.2022 declaring the election programme of APMC, Dhandhuka. A copy of the said notification is also annexed at Annexure-RR-1 at page 90. It was submitted that in view of declaration of the election Page 2 of 4 Downloaded on : Wed Nov 09 20:59:40 IST 2022 C/SCA/5524/2022 ORDER DATED: 08/11/2022 of APMC, Dhandhuka, the grievance of the petitioners would not survive.
4.Learned advocate Mr. Champaneri for the petitioners submitted that in view of declaration of the Assembly election as per the notification issued by the State Government, the election of APMC, Dhandhuka would not be held and therefore, necessary directions may be issued to the Director to continue the process as per the notification dated 17.10.2022 after completion of Assembly election of the State.
5.Learned Assistant Government Pleader Mr. Patel for the respondent-State submitted that the notification dated 17.10.2022 shall continue to operate after the completion of Assembly election because as per the election programme declared by the Director, date of filing nomination is 9.01.2023 which is after Page 3 of 4 Downloaded on : Wed Nov 09 20:59:40 IST 2022 C/SCA/5524/2022 ORDER DATED: 08/11/2022 one month from declaration of results of Assembly election. It was further submitted that Voters' list of APMC, Dhandhuka shall also be notified after completion of Assembly election.
6.In view of above submissions, no grievance of the petitioners is surviving and the petition is accordingly disposed of. Notice is discharged.
(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 4 of 4 Downloaded on : Wed Nov 09 20:59:40 IST 2022