Gujarat High Court
Shambhubhai Babarbhai Desai & vs Director on 16 March, 2017
Author: S.G. Shah
Bench: S.G. Shah
C/SCA/5536/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 5536 of 2017
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SHAMBHUBHAI BABARBHAI DESAI & 1....Petitioner(s)
Versus
DIRECTOR, AGRICULTURAL MARKETING & RURAL FINANCE &
2....Respondent(s)
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Appearance:
HEENA D RANA, ADVOCATE for the Petitioner(s) No. 1 - 2
MR DILIP B RANA, ADVOCATE for the Petitioner(s) No. 1 - 2
MS MANISHA L SHAH, GOVERNMENT PLEADER WITH MR NIRAJ ASHAR,
AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 16/03/2017
ORAL ORDER
1. Heard learned advocate Mr. Dilip B. Rana for the petitioners and learned Senior Counsel Ms. Manisha L. Shah with learned AGP Mr. Niraj Ashar for respondent Nos. 1 and 2.. Considering the facts and circumstances, so also prayer and stand by respondent Nos. 1 and 2, presence of respondent No.3 is not much material and, therefore, learned advocate for the petitioners seeks permission to delete respondent No.3. Permission as sought for is granted. Deletion is to be carried out on today itself.
2. Petitioner has prayed for a direction to the respondent - authorities to comply with the common judgment dated 17.03.2015 in Special Civil Application No.3700 of 2015 by the Co-ordinate bench of this High Court with further direction to declare result in Page 1 of 3 HC-NIC Page 1 of 3 Created On Mon Aug 14 12:01:22 IST 2017 C/SCA/5536/2017 ORDER two remaining posts / members as per the election process carried out pursuant to some interim orders by the Honourable Supreme Court in appeals arising out of the above referred judgment dated 17.03.2015.
3. It is undisputed fact that pursuant to such directions, elections of Agricultural Produce Market Committee was held on 23.04.2015. It is also undisputed fact that pursuant to directions by the Honourable Supreme Court in its order dated 20.04.2016 in Special Leave Petition (Civil) No.7259 of 2015 and allied matters, result of six members was declared by the competent authority as per Notification dated 26.06.2015. It is also undisputed fact that pursuant to directions under the same order dated 20.04.2015, the Returning Officer of the concerned election proceedings has kept the result of election in sealed cover from which result of six members has been disclosed.
4. It is also undisputed fact that judgment and order dated 17.03.2015 in Special Civil Application No. 3700 of 2015 has been challenged before the Honourable Supreme Court in above referred group of Special Leave Petitions. However, the Honourable Supreme Court has ultimately by its reasoned judgment and order dated 16.11.2016 dismissed all such appeals being Civil Appeal Nos. 3877 of 2015 to 3896 of 2015 which are arising from group of Special Leave Petitions, which are referred herein above.
5. In view of such development by way of final order by the Honourable Supreme Court, now respondent authority has to open the sealed cover, where result of remaining two members is kept reserved pursuant to interim relief by the Honourable Supreme Page 2 of 3 HC-NIC Page 2 of 3 Created On Mon Aug 14 12:01:22 IST 2017 C/SCA/5536/2017 ORDER Court. It is settled legal position that if any matter is finally disposed of, the interim relief would merge in final order and, therefore, when the Honourable Supreme Court has dismissed the appeal and when order in Special Civil Application has been confirmed, now respondent has to execute such judgment in its true perspective. Thereby, when during pendency of election the Honourable Supreme Court has directed to complete the election process and declared the name of elected six members with a direction to keep result of two members in sealed cover, now on dismissal of appeals by the Honourable Supreme Court the result of remaining members needs to be declared.
6. In view of above facts and circumstances, this petition is disposed of with a direction to the respondents to open the sealed cover of result, as per above directions and directions by the Honourable Supreme Court to declare the result of elected members within a week. Disposed of accordingly. Direct Service is permitted.
(S.G. SHAH, J.) drashti Page 3 of 3 HC-NIC Page 3 of 3 Created On Mon Aug 14 12:01:22 IST 2017