VINESHKUMAR MAVJIBHAI PARMAR Vs. DETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. AND ORS.
SUPREME COURT OF INDIA
Vineshkumar Mavjibhai Parmar
Dethali Gopalak Vividh Karyakari Sahakari Mandali Ltd. And Ors.
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CHELAMESWAR, J. -
(1.) All these eight appeals are preferred by the unsuccessful respondents in various special civil applications (writ petitions
under Article 226 of the Constitution) before the High Court of
Gujarat at Ahmedabad disposed of by a common judgment
(2.) Whether the members of the Managing Committees of co-operative societies (against whom proceedings under
Section 107 of the Gujarat Co-operative Societies Act, 1961
are pending) have a right to participate in the election process
of an Agricultural Produce Marketing Committee constituted
under the Gujarat Agricultural Produce Markets Act, 1963.
The two enactments mentioned above are referred to
hereinafter as "the SOCIETIES ACT" and "the MARKETS ACT".
(3.) The facts leading to the present litigation: Sec. 9 of the MARKETS ACT contemplates the
establishment of a "Market Committee" for every "market
area". Both expressions are defined under Section 2(xiii) and 2
(xiv) Section 2 (xiii) "market area" means any area declared or deemed to be declared to be a market
area under this Act;
Section 2(xiv) "market committee" means a market committee established or deemed to be
established under this Act;.
Section 10 of the MARKETS ACT declares market
committees to be bodies corporate with perpetual succession
and a common seal. Section 11 stipulates that every market
committee shall consist of 17 members falling into 5
categories. Section 11(1)(i) stipulates that eight agriculturist
members shall be elected by an electoral college consisting of
the members of the managing committees of the "co-operative
societies dispensing agricultural credit" (hereafter CREDIT
SOCIETIES) in the market area.
Section 11(1)(i) of the MARKETS ACT reads as follows:
"eight agriculturists who shall be elected by members of managing committees of co-operative societies (other than co-operative marketing societies and milk produce co-operative societies) dispensing agricultural credit in the market area;" ;
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