The Sankeshwar Taluka Sahakari ... vs State Of Gujarat
2021 Latest Caselaw 15690 Guj

      C/SCA/14304/2021                                ORDER DATED: 05/10/2021



                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 14304 of 2021
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     THE SANKESHWAR TALUKA SAHAKARI KHARID VECHAN SANGH
                           LIMITED
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR DIPEN DESAI(2481) 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
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  CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                               Date : 05/10/2021
                                ORAL ORDER

1. Mr.Dipan Desai, learned advocate appearing for the petitioner submitted that the respondent No.5 society has acquired the qualification after the relevant date which would be 09.08.2021. Reliance is placed on the judgment in the case of Kalubhai Ranabhai Akabari v. State of Gujarat reported in 2007 (3) GLH 57. It is submitted that in paragraph 35, this Court, while summing up the conclusion has observed and held that the relevant date for determining the eligibility of a person for inclusion in the voters' list for elections to APMC would be the date on which the Authorized Officer is to be communicated the names as indicated in sub-Rule (1) of Rule 7 of the APMC Rules, 1965.

2. Having regard to the submissions made by the learned advocate for the petitioner, issue notice, returnable on 22.10.2021.

3. Direct service is permitted.

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