NAGJIBHAI MADHUJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was on board on 15th November 2010. Learned Advocate Mr.V.C. Vaghela had sought priority for hearing of the matter. For paucity of time, the matter could not be taken up for hearing on that day. The matter was kept today. Today, again request was made by Mr.Vaghela for the petitioners, hence the matter is taken up for final hearing.

(2.) Heard learned advocate Mr.Vaghela for the petitioners and learned Assistant Government Pleader Mr.Dave for respondent no.1.

(3.) The learned advocate for the petitioners submitted that the petition is in a very narrow compass. He submitted that it is a settled law, by decisions of this Court that whenever a situation arises wherein it is not possible for one or the other reason to hold election in an Agricultural Produce Market Committee, the State Government as a first option should extend the term of the Committee under section 11(4)(aa) of the Gujarat Agricultural Produce Market Committee Act, 1963. The learned advocate for the petitioners, in support of this submission, invited attention of the Court to a decision of this Court (Coram: K.S. Jhaveri, J.) in Special Civil Application No.9259 of 2010 rendered on 14th October 2010. The learned advocate submitted that the question involved in the present petition is identical and therefore, for the same reasons for which that petition was allowed this petition may be allowed.