MOTABEN DASHRATHBHAI VASAIYA Vs. STATE OF GUJARAT
LAWS(GJH)-2008-12-120
HIGH COURT OF GUJARAT
Decided on December 26,2008

MOTABEN DASHRATHBHAI VASAIYA Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) LEAVE to add DSP, Dahod as respondent No. 6. RULE. Ms Nisha Parikh, learned AGP waives service of Rule for respondent Nos. 1 to 3 and 6, Mr JA Adeshra waives service of Rule for respondent No. 4 - Zalod Municipality and Mr BP Munshi waives service of Rule for respondent No. 5 - APMC, Zalod. In the facts and circumstances of the case, this petition is taken up for final disposal today.
(2.) UNDER Section 11 (1) (iv) of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the APMC Act"), every market committee shall have one member nominated by the local authority (other than the market committee) within whose jurisdiction the principal market yard is situate from amongst its councilors or, as the case may be, members who do not hold any general licence. The proviso to the said clause also indicates that where the councilors of the local authority have vacated office, the administrator shall nominate a member from amongst persons qualified to be councilors or members of the local authority and not holding a general licence.
(3.) THE petitioner herein contends that 15 out of total 27 councilors of Zalod Municipality have given their consent under letter dated 5. 12. 2008 that the petitioner herein be nominated as a member of the APMC, Zalod. The petitioner's grievance is that instead of forwarding her name to the APMC, Zalod, the President of the Municipality has forwarded the name of another person without convening a meeting of the General Body of the Municipality. The petitioner has, therefore, prayed for a direction to restrain the Municipality from nominating any person under Section 11 (1) (iv) of the APMC Act, except under a resolution of the General Body.;


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