DILIPBHAI C NATHVANI CHAIRMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr.B. B. Naik, learned senior counsel assisted by Mr. Dipen Desai, learned counsel for the petitioner and Mr. Kamal Trivedi, learned Advocate General assisted by Mr. Prakash Jani, learned Government Pleader and Ms. Sangita Vishen, learned Assistant Government Pleader for the respondents.

(2.) THE petitioner's committee of management was elected on 5th June, 2007 under the Gujarat Agriculture Produce Market Act, 1963 (for short, 'the Act'). In view of provisions of section 11(4)(a) of the Act, the term of committee of management was four years. THErefore, the term of committee of management was to expire on 24th June, 2011 and the steps for reconstituting the committee by holding an election under the Act was to be taken 87 days before. On 1st March, 2011, the petitioner filed instant writ petition with prayer to direct the respondent authorities to declare the election of APMC, Kalavad as the term of committee of management is to expire on 24th June, 2011 and no steps had yet been taken by the State Government for holding elections for reconstituting the committee of management by holding elections. Notice was issued to State Government on 11th March, 2011. However, instead of taking steps for holding election, the State Government issued a show cause notice dated 15th March, 2011 under section 46 of the Act levelling ten charges which mainly relate to issuing of license to ineligible persons and of making appointment on daily wages. THE petitioner has challenged the show cause notice dated 15th March, 2011 by filing writ petition being Special Civil Application No.4075 of 2011, which is pending before the learned Single Judge. During the pendency of instant writ petition, the term of the committee of management came to an end on 24th June, 2011. THErefore, since the term of the managing committee is over, there is no question of now superseding the committee of the management under section 46 of the Act.

(3.) LEARNED Advocate General has informed the Court that individual notices have been issued where the licence issued to cooperative societies and traders have been renewed.