BHAVANBHAI BHARABHAI BHARWAD Vs. STATE OF GUJARAT
LAWS(GJH)-2016-12-33
HIGH COURT OF GUJARAT
Decided on December 23,2016

Bhavanbhai Bharabhai Bharwad Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

R.SUBHASH REDDY,CJ. - (1.) This Letters Patent Appeal is filed under Clause 15 of the Letters Patent, by the original petitioner in Special Civil Application No.21053 of 2016 aggrieved by the order of the learned Single Judge dated 20/12/2016. By aforesaid order, the learned Single Judge has dismissed the petition.
(2.) The appellant herein is elected as member of the Agriculture Produce Market Committee ("APMC" for short), Ahmedabad on 22/01/2015. Further, he was elected as Vice­Chairman on 20/02/2015. Since then, he is continued as such.
(3.) The Gujarat Agricultural Produce Markets Act, 1963 ("the Act" for short) is amended by amending Act No.14 of 2015, by which Section 17A is inserted giving powers to remove Chairman and Vice­ Chairman of the Market Committee by way of No Confidence Motion. Based on the requisition of some of the members of the Market Committee, Director has passed order on 13/12/2016 appointing 3rd respondent as Authorized Officer to convene meeting of the members of the APMC for considering motion of no confidence against the appellant. After service of notice, the appellant has filed Special Civil Application No.21053 of 2016 seeking following reliefs : - "7(A) Your Lordships may be pleased to admit and allow this application; (B) Your Lordships may be pleased to issue a Writ of certiorari or in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the communication/agenda notice dated 14.12.2016 issued by the respondent No. 3 Deputy Director and District Registrar Co-operative Societies, Ahmedabad Rural, Ahmedabad at Annexure - A to this petition. (C) Pending admission, hearing and final disposal of the present Special Civil Application, Your Lordships may be pleased to stay the implementation, execution and operation of the communication/agenda notice dated 14.12.2016 issued by the respondent No. 3 Deputy Director and District Registrar Co-operative Societies, Ahmedabad Rural, Ahmedabad at Annexure­A to this petition. (D) Your Lordships may be pleased to stay such other and further order(s) that may be deemed fit and proper in the facts and circumstances of the case." m;


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