SCA/3104/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3104 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA HONOURABLE MR.JUSTICE Z.K.SAIYED ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 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 ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PETLAD SEVA SAHAKARI MANDLI LIMITED THRO' SECRETARY & 11 - Petitioner(s) Versus DIRECTOR - AGRICULTURE MARKETING AND RURAL FINANCE & 3 - Respondent(s) ========================================================= Appearance : MR BS PATEL for Petitioner(s) : 1 - 12.MRS RANJAN B PATEL for Petitioner(s) : 1, MR MIHIR JOSHI, ADDL. ADVOCATE GENERAL with MS KRINA P. CALLA, A.G.P. For Respondents No.1 & 2 MR DILIP B RANA for Respondent(s) : 3 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 12/03/2008 SCA/3104/2008 2/3 JUDGMENT 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 Managing Committee members of petitioner No.1 Society situate in the market area dispensing credit and thus being entitled to be included in the list of voters for the election of the Agricultural Produce Market Committee, Petlad, whose elections are scheduled as per Notification dated 12.12.2007. 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 dated 11.3.2008 rendered in Special SCA/3104/2008 3/3 JUDGMENT Civil Application No.2980 of 2008. 4. Accordingly, adopting the same reasoning, the same directions as issued hereinbefore in the Judgment rendered in Special Civil Application No.2980 of 2008 shall mutatis mutandis apply. Thus, the petitioners shall appear through their representative before the authorised Officer on 13.3.2008 in the forenoon and after hearing the said petitioners the authorised Officer shall proceed to act in accordance with the directions as in Special Civil Application No.2980 of 2008. 5. The petition is allowed accordingly to the aforesaid extent. Rule made absolute. There shall be no order as to costs. (D.A.MEHTA, J.) (Z.K.SAIYED,J.) sas