AKOLIYA MOHANBHAI UKABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is directed against the order passed by the State Government in revisional jurisdiction dated 26.11.2012 (Annexure -A), whereby the State Government has set aside the order passed by the Director and has further set aside the election of agriculturist constituency of the Agriculture Produce Market Committee, Dhanera.

(2.) THE short facts of the case are that the election of Agriculture Produce Market Committee, Dhanera (hereinafter referred to as 'Market Committee/Committee') had become due under Gujarat Agriculture Produce Markets Act, 1963 (hereinafter referred to as 'the Act') read with Gujarat Agriculture Produce Markets Rules (hereinafter referred to as 'the Rules'). On 24.12.2010, the election programme was fixed by the Director and various stages were notified. The voters' list was also published and the objections were invited. The objections were submitted and the election thereafter was held on 30.3.2011 and the result was also declared on 31.3.2011. The election petition was filed under Rule 28 of the Rules of agriculturist constituency for challenging the legality and validity of the election. The Director, Agriculture Produce Market Committee (who is vested with the power under Rule 28 of the Rules), after hearing both the sides, dismissed the petition. The matter was carried in revision by respondent No.5 before the State Government under Section 48 of the Act. The State Government, after hearing both the sides, ultimately passed the above referred impugned order. Under these circumstances, the present petition before this Court.

(3.) WE have heard Mr.Dipen Desai, learned Counsel appearing for the petitioner and Mr.Anshin Desai, learned Counsel for respondent. Mr.Jayswal, learned AGP appears for the State Authorities. The other respondents are served, but none appears on their behalf. We have considered the contents of the order passed by the State Government, which is impugned in the present petition and the other relevant record of the present proceedings.