DASHRATHSINH RAMJUBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original writ petitioner, by way of this Appeal calls in question the legality, validity and propriety of the order dated 6th October 2010 passed by the learned Single Judge in Special Civil Application No.341/2010, wherein the petition of the appellant - original petitioner came to be dismissed.

(2.) Brief facts relevant for the purpose of deciding this Appeal can be summarised as under:

(3.) As there were only two Cooperative Marketing Societies at the time of election, only one representative was to be elected from the Cooperative Marketing Societies Constituency and, therefore, one representative was elected from the said Constituency as Section 11 of the Gujarat Agricultural Produce Markets Act, 1963 (for short, 'the Act ') specifically provides for election of only one representative in the said Constituency. The record reveals that the Managing Committee constituted after the election of Bhavnagar comprises of sixteen members. The record further reveals that the Chairman of the Market Committee, in his personal capacity, preferred an application dated 23rd July 2009 to the District Registrar for filling up one seat in the Cooperative Marketing Societies Constituency. The respondent No. 3 made a proposal on 10th September 2009 to the respondent No. 2 to declare the election of one seat as there was vacancy and as it was necessary under Section 15 of the Act. The respondent No. 2, taking into consideration the proposal of the respondent No. 3 and having regard to the provisions of Section 11(1)(iii) and the provisions of Section 15 of the Act, rejected the proposal of the District Registrar dated 10th September 2009 by his order dated 29th October 2009 holding that since at the time of election there were only two Cooperative Marketing Societies functioning in the market area, it cannot be said to be a casual vacancy under Section 15 of the Act and, therefore, there cannot be any election of one seat for the Cooperative Marketing Societies Constituency.