Valabhai Kanabhai Kher vs State Of Gujarat
2022 Latest Caselaw 7589 Guj

     C/SCA/13776/2022                            JUDGMENT DATED: 06/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 13776 of 2022


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE                           Sd/-
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1     Whether Reporters of Local Papers may be allowed                No
      to see the judgment ?

2     To be referred to the Reporter or not ?                         No

3     Whether their Lordships wish to see the fair copy               No
      of the judgment ?

4     Whether this case involves a substantial question               No
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                         VALABHAI KANABHAI KHER
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR DIPEN DESAI(2481) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9
MS NIDHI VYAS AGP for the Respondent(s) No. 1,2,3
NOTICE SERVED BY DS for the Respondent(s) No. 4
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    CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                             Date : 06/09/2022
                             ORAL JUDGMENT

Rule. Ms. Nidhi Vyas, learned AGP waives service of

rule on behalf of the respondents.

2. The present writ petition is filed for the following

C/SCA/13776/2022 JUDGMENT DATED: 06/09/2022

reliefs:-

"6(A) This Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, direction or order, commanding the respondent No.2 - Director, Agriculture Marketing and Rural Finance to immediately publish notification under Rule 27 of the Gujarat Agriculture Produce markets Rules, 1965 with respect to elected members of Agriculture Produce Market Committee, Mangrol and further be pleased to direct the respondent No.2 to immediately declare and hold the elections of Chairman and Vice Chairman of the Agriculture Produce Market Committee, Mangrol within such stipulated time as may be directed by this Hon'ble Court.

(B) Pending admission, hearing and final disposal of the petition, this Hon'ble Court be pleased to direct the respondent No.2 - Director, Agriculture Marketing and Rural Finance to declare the elections of Chairman and Vice Chairman of Agriculture Produce Market Committee, Mangrol within such short time as may be directed by this Hon'ble Court."

3. The brief facts leading to filing the present petition are

that the petitioners herein are the elected Members of the

Agriculture Produce Market Committee ["APMC" for short],

Mangrol. The election to the Managing Committee of the

APMC was held and the results came to be declared on

26.4.2022 wherein the petitioners were declared to have

been elected. It is the case of the petitioners that though the

elections were held long back, the respondents are not

issuing the notification as mandated under Rule 27 of the

C/SCA/13776/2022 JUDGMENT DATED: 06/09/2022

Gujarat Agriculture Produce Markets Rules, 1965 ["APMC

Rules" for short] and were further not declaring the elections

to the post of Chairman and Vice Chairman of the APMC,

Mangrol. The petitioners, thereafter, submitted a

representation on 4.7.2022 to the respondent No.2 to

immediately declare the election for the post of Chairman

and Vice Chairman. However, no action has been taken by

the respondents and therefore, the petitioners approached

this Court by way of present writ petition.

4. Mr. Dipen Desai, learned advocate for the petitioners,

submits that once the results of the elections to the

Managing Committee of APMC are declared then the

provisions of Rule 27 and Rule 31 of the APMC Rules come

into play and that the respondents are statutorily bound to

notify the result in Official Gazette and further call for a

meeting of such Market Committee to elect its Chairman

and Vice Chairman. It is further submitted that in the

present case, no such meeting has been called by the

respondent No.2 till date even though more than 4 months

C/SCA/13776/2022 JUDGMENT DATED: 06/09/2022

have passed since the declaration of the results. He relies on

the judgments of this Court reported in 1996 (2) GLH 416 -

Thakore Sitaji Mohanji & Anr. v. The District Registrar, Co.op.

Societies & Dy. Director, Agricultural Marketing & Rural

Finance, Mehsana & Ors. and 1988 (1) GLH 27 - Kantilal

Rajhuram Thakkar v. The Director of Agricultural Marketing

& Rural Finance & Anr. in support of his case.

5. Ms. Nidhi Vyas, learned AGP for the respondents,

submits that the election to the APMC, Mangrol were held

on 25.4.2022 and the results came to be declared on

26.4.2022. She submitted that thereafter, immediately on

28.4.2022, the District Registrar sent the proposal to the

respondent No.2 for declaration of notification in accordance

with Rule 27 of the APMC Rules. She further submits that

in the interregnum period, an election petition came to be

preferred under Rule 28 of the said Rules by one Mr.

Karamta Ramabhai Virbhai before the Director, Agriculture

Marketing and Rural Finance by way of Appeal No.2 of 2022

challenging the election to the Agriculturist Constituency of

C/SCA/13776/2022 JUDGMENT DATED: 06/09/2022

APMC, Mangrol. The said election petition is pending

hearing before the respondent No.2 and since the election is

under challenge as on date before the competent authority,

no further steps have been taken by the respondent

authorities.

6. Heard learned counsels for the parties at length and

perused the documents on record.

7. It is seen from the record that though the election to

the APMC, Mangrol came to be held and the results

declared on 26.4.2022, no further action has been taken by

the respondents. Rule 27 of the APMC Rules mandates the

publication of the names of the elected and nominated

Members of the Market Committee to be published in the

official gazette by the respondent No.2 as soon as may be

after the election. It is seen in the present case that the said

mandate has not been followed by the respondents for the

reasons best known to them. Further, Rule 31 of the APMC

Rules mandates that as soon as after the constitution of the

C/SCA/13776/2022 JUDGMENT DATED: 06/09/2022

new Market Committee, the respondent No.2 or person

authorized on his behalf, shall call for a meeting of the

Market Committee for election of the Chairman and Vice

Chairman amongst its Members. Since no action has been

taken under Rule 27 and the subsequent action under Rule

31 is also pending in the present case. The judgments relied

upon by the learned advocate Mr. Dipen Desai are squarely

applicable in the facts and circumstances of the present

case. In both the judgments, this Court has overruled such

objections with respect to the pendency of the election

petition and directed the respondents to take necessary

steps for holding the election to the post of the Chairman

and Vice Chairman of the Committee and complete the

election process within the stipulated time. I am in

respectful agreement of the same.

Learned AGP Ms. Nidhi Vyas could not dispute the

ratio laid down in both the judgments.

8. In view of the above observations, the present Special

Civil Application is allowed. The respondents are directed to

C/SCA/13776/2022 JUDGMENT DATED: 06/09/2022

take necessary steps immediately for issuing notification in

the official gazette as stipulated in Rule 27 and thereafter

call a meeting of the new Market Committee under Rule 31

of the APMC Rules to elect the Chairman and Vice

Chairman from amongst its Members within a period of 4

weeks from the date of receipt of the writ of this Court.

Rule is made absolute accordingly. No order as to

costs. Direct Service is permitted.

Sd/-

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN