MANAJI AMRAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Letters Patent Appeal under Clause 15 of the Letters Patent, the appellants - original petitioners have challenged the validity of an order passed by the learned Single Judge dtd. 16/7/2019 in Special Civil Application No.19229 of 2018 whereby petition came to be dismissed and interim relief, granted earlier, came to be vacated forthwith.

(2.) The background of the facts, which has given rise to filing of present Letters Patent Appeal is that appellants - original petitioners state that Market Committee is duly constituted and the committee of it is consisting of eight agriculturists, four traders, two representatives of the marketing co-operative societies and three nominees, which includes one nominee of local self Government within which jurisdiction the principal market is situated and two other nominees of the State and the total number of Market Committee is consisting of 17 members. The term of Market Committee was expiring, as a result of which, the respondent No.2 - Director declared the election programme in which the date of voting was fixed as 6/9/2018 and the counting of votes was fixed on 7/9/2018. According to appellants, the respondent No.3 filled in nomination forms from the Constituency of the Agriculturist and 16 candidates contested the election from the Agricultural Constituency. The appellants' panel got elected, except one Mr. Hiteshbhai Keshabhai, who was in the panel of appellant, lost the election since he secured only 160 votes whereas Mr. Rajendrabhai Rasiklal Shah got 204 votes, Mr. Bhavesh Nathabhai Patel got 200 votes, Mr. Pravinbhai Ratilal Patel got 183 votes and Mr. Rathod Natvarsinh Bhikhusinh got 180 votes. In the same manner, Mr. Ramanbhai Gopalbhai Patel got 180 votes whereas Mr. Sureshbhai Bhanubhai Patel got 168 votes, Mr. Manaji Amraji Thakore got 167 votes and Mr. Chinubhai Somabhai Patel i.e. respondent No.3 secured 165 votes.

(3.) The appeal was admitted on 29/7/2019 and by way of interim relief, the operation of the impugned order passed by the learned Single Judge dtd. 16/7/2019 came to be suspended till further orders and after completion of pleadings, the appeal has come up for consideration first in which we have heard Mr. B. M. Mangukiya, learned advocate assisted by Ms. Bela A Prajapati, learned advocate appearing for the appellants, Mr. V. C. Vaghela, learned advocate appearing for the respondent No.3 and Mr. K. M. Antani, learned Assistant Government Pleader appearing for the respondent State. Incidentally, we may quote that during the pendency of this Letters Patent Appeal, in the year 2022, precisely on 24/11/2022 the Agricultural Produce Market Committee through its Secretary has submitted an application to be impleaded in the appeal since the outcome of the proceedings would effect the the affairs of the applicant and said application was registered as Civil Application No.1 of 2022 and was put up along with the main matter.