SCA/2660/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2660 of 2008 With CIVIL APPLICATION No. 2166 of 2008 In SPECIAL CIVIL APPLICATION No. 2660 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA Sd/- HONOURABLE MR.JUSTICE Z.K.SAIYED Sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? No 2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy of the judgment ? No 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? No 5 Whether it is to be circulated to the civil judge ? No ========================================================= BHIKHABHAI DAHYABHAI JAJADIYA & 5 - Petitioner(s) Versus STATE OF GUJARAT THRO' AVNIASH KUMAR OR SUCC. & 6 - Respondent(s) ========================================================= Appearance : MR BM MANGUKIYA for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.2.8,1.2.9 - 2, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5, 2.2.6, 2.2.7, 2.2.8, 2.2.9, 2.2.10, 2.2.11, 2.2.12, 2.2.13,2.2.14 - 3, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 3.2.5, 3.2.6, 3.2.7, 3.2.8, 3.2.9, 3.2.10,3.2.11 - 4, 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6, 4.2.7, 4.2.8, 4.2.9,4.2.10 - 5, 5.2.1, 5.2.2, 5.2.3, 5.2.4, 5.2.5, 5.2.6, 5.2.7, 5.2.8, 5.2.9, 5.2.10,5.2.11 - 6, 6.2.1, 6.2.2, 6.2.3, 6.2.4, 6.2.5, 6.2.6, 6.2.7, 6.2.8, 6.2.9,6.2.10 MR MIHIR JOSHI, ADDL.ADVOCATE GENERAL WITH MS. KRINA P. CALLA, ASSISTANT OVERNMENT PLEADER for Respondent(s) : 1 tO 5 NOTICE SERVED BY DS for Respondent(s) : 1 - 7. ========================================================= CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA SCA/2660/2008 2/4 JUDGMENT and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 11/03/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) 1 RULE. The learned Advocates appearing for the respective respondents are directed to waive service. Considering the urgency, the petition is taken up for final hearing today. 2 This petition has been heard along with Special Civil Application No. 2980 of 2008. The difference between the petitioners of the present petition and the petitioners of Special Civil Application No. 2980 of 2008 is that the present petition has been filed by the petitioners, who are Cooperative Marketing Societies situate in the market area and holding general licences and thus being entitled to be included in the list of voters for the election of the Agricultural Produce Market Committee, Bhavnagar whose elections are scheduled as per Notification dated 19.12.2007. 3 It is an accepted position between the parties that except for this basic difference between the categories of petitioners the contentions of the respective sides remain the same and hence for the sake of brevity, the contentions are not recorded here and the parties have adopted their respective submissions as recorded in the judgment rendered today in Special Civil Application No. 2980 of 2008. SCA/2660/2008 3/4 JUDGMENT 4 Accordingly, adopting the same reasoning, on facts it appears that in so far as petitioner No. 6 Co-operative Society of the present petition is concerned, the said petitioner is not entitled considering the fact that the payment of renewal fees for renewal of licence by petitioner No.6 society is on 25.12.2007 i.e. after the date of Notification viz. 19.12.2007. Hence, in so far as petitioner No.6 is concerned, the petition is not entertained leaving it open to the said petitioner to avail of statutory alternative remedy in accordance with Rule 28 of the Gujarat Agricultural Produce Markets Rules,1965. 5 In so far as remaining petitioner societies are concerned viz. petitioner Nos. 1 to 5 the same directions as issued hereinbefore in the judgment rendered in Special Civil Application No. 2980 of 2008 shall mutatis mutandis apply. Thus all the five petitioners viz. petitioner Nos. 1 to 5 societies shall appear through their representative before the authorised officer on 12.03.2008 in the forenoon and after hearing the said petitioners the authorised officer shall proceed to act in accordance with the statement made by learned Additional Advocate General as recorded by the Court in order dated 07.03.2008. Rest of the directions shall remain the same as in Special Civil Application No. 2980 of 2008. The petition is allowed accordingly to the aforesaid extent. Rule made absolute. There shall be no order as to costs. SCA/2660/2008 4/4 JUDGMENT CIVIL APPLICATION No. 2166 of 2008 In light of the order made in the main petition today this Civil Application does not survive and stands disposed of accordingly. Notice discharged. Sd/- (D.A. Mehta, J.) Sd/- (Z.K. Saiyed, J.) M.M.BHATT