Prahladbhai Ishvarbhai Patel vs State Of Gujarat
2021 Latest Caselaw 15934 Guj

          C/SCA/15234/2021                                        ORDER DATED: 08/10/2021



               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 15234 of 2021
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                             PRAHLADBHAI ISHVARBHAI PATEL
                                        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 AGP for the Respondent(s) No. 1
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         CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                     Date : 08/10/2021
                                      ORAL ORDER

1. Mr. Dipen Desai, learned advocate submitted that the petitioner is aggrieved by the order dated 22.09.2021, whereby, the names of members of the respondent No.5 have been allowed to retain in the voters list. It is submitted that as per the provisions of clause (i) of sub-section (1) of Section 11 of the Gujarat Agricultural Produce and Marketing (Promotion and Facilitation) Act, 1963, ten agriculturists shall be elected by the members of the Managing Committee of the Primary Agricultural Credit Cooperative Society, dispensing agricultural credit in the market. It is submitted that so far as the members of the managing committee are concerned, they are not the elected members and have been simply selected in the Annual General Meeting vide Resolution No.10. Therefore, they would not be eligible for being included in the voters list.

2. Reliance is placed on the judgment in the case of Mandorpur (Fatehpur) Juth Seva Sahkari Mandali Limited v. State of Gujarat, reported in 2017 (2) GLR 1495, wherein, this Court has taken a view that it would fall within the domain of the Election Officer to undertake a summary inquiry for the purpose of determining the eligibility of the voters. It is submitted that the said judgment has been followed; however, different view has been taken by the Coordinate Bench in the case of Trivedi Arvindbhai Hargovanbhai v. State of Gujarat, passed in Special Civil Application No.10863 of 2020.

3. Having regard to the submissions made, issue notice, returnable on 13.10.2021. Direct service is permitted today.

(SANGEETA K. VISHEN,J) Raj S. Dhobi