ATMARAMBHAI MAGANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates.

(2.) The petitioners are some of the Members of the Agricultural Produce Market Committee, Vijapur (hereinafter referred to as 'the said Committee'). The petitioners seek declaration that the respondent nos.8 and 10, the Members of the said Committee nominated under Clauses (iv) and (v) of sub section (1) of Section 11 of the Agricultural Produce Markets Act, 1963 (hereinafter referred to as 'the Act'), do not have a right to vote at the election of the Chairman and the Vice Chairman, the respondent nos.7 and 11 respectively, of the said Committee.

(3.) Mr.Mehta has submitted that at the election of the Chairman and the Vice Chairman of the said Committee, the nominated members of the said Committee had cast their votes which has tilted the balance. He has submitted that the nominated members of the said Committee had no right to cast their votes at the election of the Chairman and the Vice Chairman. He has submitted that, it is the elected members alone who have right to contest at the election of the Chairman and the Vice Chairman of the Agricultural Produce Market Committee and the voting rights at such election shall also be restricted to such elected members alone. In other words, the nominated members shall have no right to vote at the election of the Chairman and the Vice Chairman of the Agricultural Produce Market Committee. In support of his contention, he has relied upon Sections 11, 17 and 25 of the Act and Rule 31 of the Gujarat Agricultural Produce Markets Rules, 1965 (hereinafter referred to as 'the Rules'). He has also relied upon Section 80(2) of the Gujarat Cooperative Societies Act, 1961 and the judgment of this Court in the matter of KANTILAL CHANDULAL SHAH v. C.J.JOSE AND ANR. [ 1987(1) GLR 602 ].