MAHENDRA MAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Shri Mitul Shelat, learned advocate waives service of notice of Rule on behalf of respondent Nos.5 to 62 and Shri Dhawan Jayswal, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent Nos.1 to 4. In the facts and circumstances of the case and with the consent of learned advocate appearing on behalf of respective parties, present special civil application is taken up for final hearing today and learned advocate appearing on behalf of respective parties are heard at length for final hearing.

(2.) BY way of present petition under Article 226 of the Constitution of India, petitioner, who is a trader operating in market area of APMC and is having general license for operating in a market area since more than 7 years has prayed for an appropriate writ, direction, order quashing and setting aside the impugned order dated 21.11.2013 passed by the respondent No.4 ­ Authorized Officer [AnnexureA] and thereby to exclude the names of respondent Nos.5 to 62 from the voters' list of Traders Constituency of APMC, Hansot.

(3.) SHRI Dipen Desai, learned advocate appearing on behalf of the petitioner has vehemently submitted that the impugned order of the Authorized Officer is clearly in breach of the settled legal position and against/contrary to the democratic principles. It is submitted by Shri Desai, learned advocate appearing on behalf of the petitioner that Authorized Officer has not at all considered the legal position that any traders who are granted licenses after the declaration of the election or on the eve of declaration of election are not entitled to be included in the voters' list.