GULAMBHAI AMIBHAI PARASARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the respective parties, the captioned writ petition is taken up for final disposal.

(2.) Issue Rule, returnable forthwith. Ms.Nidhi Vyas, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent no.1, Mr.Khush K. Patel, learned advocate waives service of notice of Rule on behalf of the respondent no.5 and Ms.Nidhika Zaveri, learned advocate waives service of notice of Rule on behalf of the respondent no.6.

(3.) By this petition, the petitioner has prayed for quashing and setting aside the resolution no.23 dtd. 13/2/2023 passed by the respondent no.5 - Administrator of Chandrapur Gram Panchayat, nominating the respondent no.6 as the nominated Director of Agriculture Produce Market Committee, Vankaner under the provisions of sub-clause (iv) of sub-sec. (1) of Sec. 11 of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the Act of 1963"). The petitioner has also prayed for direction, holding that the persons nominated under Ss. 11(1)(iv) and 11(1)(v) of the Act of 1963, do not have the right to vote at the election of Chairman and Vice-Chairman of the APMC in view of the specific provisions made under Sec. 17 read with Rule 31 wherein, the election of the Chairman and Vice-Chairman, only elected members have right to contest.