Desai Ramjibhai Karamsibhai vs State Of Gujarat
2021 Latest Caselaw 15678 Guj

     C/SCA/14787/2021                             ORDER DATED: 05/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14787 of 2021

==========================================================
                        DESAI RAMJIBHAI KARAMSIBHAI
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
ANIL H PATEL(7832) for the Petitioner(s) No. 1
HEMALI D SONI(8450) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR.KRUTIK PARIKH, ASSISTANT GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                              Date : 05/10/2021
                               ORAL ORDER

1. Heard Mr.V.C. Vaghela, learned advocate with Mr.Anil H. Patel, learned advocate for the petitioner. It is submitted that after the amendment in the Gujarat Agricultural Produce Markets Act, 1963, Section 11(1)(i), it is only the societies which have their main object to principle business of providing financial assistance to their members for agricultural purpose or for the activities connected with the agriculture, will be entitled to elect eight agriculturists from the agricultural constituency. Reliance is placed on the judgment dated 15.03.2016 passed in Special Civil Application No.2000 of 2016. It is submitted that in paragraph 28, it has been held and observed that in view of the newly introduced sub-clause (i) sub- Section (1) of Section 11 requires only primary agricultural credit cooperative societies dispensing credit in the market area to elect eight agriculturists for the purpose of constitution of market area. Therefore, only those societies with prime object of providing agricultural credit could be said to be eligible to be included in the voters list.

C/SCA/14787/2021 ORDER DATED: 05/10/2021

2. While inviting attention of this Court to bye laws, it is submitted that the main object of the respondent, is not of providing agricultural credit, therefore, the respondent, was not eligible for being included in the voters list.

3. Having regard to the submissions made by the learned advocate for the petitioner, issue notice, returnable on 13.10.2021.

4. Direct service is permitted.

(SANGEETA K. VISHEN, J) RAVI P. PATEL