VINESHKUMAR MAVJIBHAI PARMAR Vs. DETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. AND ORS.
LAWS(SC)-2016-11-17
SUPREME COURT OF INDIA
Decided on November 16,2016

Vineshkumar Mavjibhai Parmar Appellant
VERSUS
Dethali Gopalak Vividh Karyakari Sahakari Mandali Ltd. And Ors. Respondents

JUDGEMENT

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 dated 17.3.2015.
(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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