LEKHAMBA GOPALAN ANE SAMUDAYIK SAHAKARI MANDLI LIMITED & 1 ORS Vs. STATE OF GUJARAT & 4 ORS
LAWS(GJH)-2016-8-93
HIGH COURT OF GUJARAT
Decided on August 08,2016

Lekhamba Gopalan Ane Samudayik Sahakari Mandli Limited And 1 Ors Appellant
VERSUS
State Of Gujarat And 4 Ors Respondents

JUDGEMENT

- (1.) These Letters Patent Appeals are filed under Clause 15 of the Letters Patent by the petitioners in Special Civil Applications aggrieved by the common judgment and order of the learned Single Judge dated 15.03.2016.
(2.) Special Civil Application No.2953 of 2016 was filed by the Lekhamba Gopalan Ane Samudayik Sahakari Mandli Limited and another praying to quash and set aside the order dated 16.02.2016 passed by the respondent No.4 and to direct the respondent authorities to include the names of the Managing Committee of petitioner No.1 Society in the agriculturist constituency for the election of APMC, Sanand. [2.1] Special Civil Application No.2962 of 2016 was filed by the Rupavati Sahakari Gopalak Vasahat Mandli Limited and another praying to quash and set aside the order dated 16.02.2016 passed by the respondent No.4 and to direct the respondent authorities to include the names of the Managing Committee of petitioner No.1 Society in the agriculturist constituency for the election of APMC, Sanand. [2.2] Special Civil Application No.3575 of 2016 was filed by the Pandoli Anaj Utpadak Sahakari Mandli Limited and other 10 societies praying to quash and set aside the order dated 29.02.2016 passed by the respondent No.4 and to direct the respondent nos.2 and 3 to include the names of the Managing Committee of petitioner No.1 to 11 societies in the agriculturist constituency for the election of APMC, Petlad. [2.3] Special Civil Application No.2536 of 2016 was filed by the Kashipura Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No.3 - Authorized Officer to include the names of the petitioner society in the voters list of agricultural constituency for the election of the respondent No.4 Market Committee. [2.4] Special Civil Application No.2537 of 2016 was filed by the Por Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No.3 - Authorized Officer to include the names of the petitioner society in the voters list of agricultural constituency for the election of the respondent No.4 Market Committee. [2.5] Special Civil Application No.2538 of 2016 was filed by the Varnama Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No.3 - Authorized Officer to include the names of the petitioner society in the voters list of agricultural constituency for the election of the respondent No.4 Market Committee. [2.6] Special Civil Application No.2539 of 2016 was filed by the Fatehpura Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No.3 - Authorized Officer to include the names of members of the Managing Committee of the the petitioner society in the voters list of agricultural constituency for the election of the respondent No.4 Market Committee. [2.7] Special Civil Application No.2540 of 2016 was filed by the Utiya Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No.3 - Authorized Officer to include the names of the members of the Managing Committee of the petitioner society in the voters list of agricultural constituency for the election of the respondent No.4 Market Committee. [2.8] Special Civil Application No.3191 of 2016 was filed by the Jay Shri Vagaheshwari Samudayik Kheti Sahakari Mandli Limited praying to quash and set aside the order dated 16.02.2016 and further to direct the respondent No.2 to include the names of the members of the Managing Committee of the petitioner society in the final voters' list of the Agriculturist Constituency for Sanand APMC and allow them to take part in the election of Sanand APMC. [2.9] Special Civil Application No.3188 of 2016 was filed by the Aditya Samudayik Kheti Sahakari Mandli Limited praying to quash and set aside the order dated 16.02.2016 and further to direct the respondent No.2 to include the names of the members of the Managing Committee of the petitioner society in the final voters' list of the Agriculturist Constituency for Sanand APMC and allow them to take part in the election of Sanand APMC. [2.10] Special Civil Application No.3189 of 2016 was filed by the Ganesh Samudayik Kheti Sahakari Mandli Limited praying to quash and set aside the order dated 16.02.2016 and further to direct the respondent No.2 to include the names of the members of the Managing Committee of the petitioner society in the final voters' list of the Agriculturist Constituency for Sanand APMC and allow them to take part in the election of Sanand APMC. [2.11] Special Civil Application No.4782 of 2016 was filed by the Sundan Samudayik Kheti Sahakari Mandli Limited and other 8 Mandlies praying to quash and set aside the impugned common order dated 16.03.2016 passed by the Authorized Officer whereby the names of the Managing Committee of the petitioner societies were removed from the provisional voters' list of agriculturist constituency for ensuing election of the respondent Market Committee and further direct to include the names of the members of the Managing Committee of the petitioner societies in the final voters' list of the Agricultural Constituency for the election of the respondent No.4 Market Committee declared by the respondent No.2 authority.
(3.) For the purpose of disposal of these appeals, we take Letters Patent Appeal No.230 of 2016 as lead matter. Said Letters Patent Appeal is filed against the order dated 15.03.2016 passed by the learned Single Judge in Special Civil Application No.2953 of 2016 along with other allied matters. Aforesaid Special Civil Application No.2953 of 2016 is filed with prayers which reads as under : "9(A) Be pleased to issue a Writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 16.02.2016 passed by respondent no.4 at Annexure A to the petition. (B) Be pleased to issue a Writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent authorities, more particularly, respondent no.2 and 3 to include the names of the Managing Committee of petitioner No.1 society in the agriculturist constituency for the election of APMC, Sand. (C) Pending admission and final disposal of this petition, Your Lordships will be pleased to stay further operation, execution and implementation of the order dated 16.02.2016 passed by respondent No.4 at Annexure A to the petition. In the alternative : (D) Pending admission and final disposal of this petition, Your Lordships will be pleased to restrain the respondent authorities to proceed with the election of Agricultural Produce Market Committee, Sanand in pursuance of the election programme at Annexure B to the petition. (E) Be pleased to award the cost of this petition. (F) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted.";


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