BHAVANBHAI BHARABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of present writ petition filed under Article 226 of the Constitution, the petitioner has called in question communication-cum-agenda notice dated 14th December, 2016 issued by the Deputy Director and the District Registrar, Co-operative Societies-the third respondent herein. Thereby, the said Authority convened a meeting of the members of the market committee on 19th December, 2016 at 11.30 at the venue mentioned. As per the Agenda, the meeting was meant for considering a motion of no confidence against the petitioner herein.

(2.) It may be stated for completion of recording the events and facts that this petition was moved on 16th December, 2016 on urgent basis for being taken up on the same date, for which, though permission was granted, the matter was refused to be taken up by passing an order as the petitioner was non-compliant of the office objections. The petition was kept on 19th December, 2016 at 10.30 a.m., however on 17th December, 2016 a note was moved before the Registrar for preponing the hearing of the petition stating that as the meeting was scheduled to take place. Permission of Honourable the Chief Justice was obtained and the matter was allowed to be taken up by the Court by holding special sitting at 05.00 p.m.

(3.) The petitioner happens to be the elected member of Agriculture Produce Market Committee, Ahmedabad, having been elected on 22nd January, 2015. Thereafter, in the meeting held on 20th February, 2015, the petitioner was elected uncontested as Vice Chairman of Agriculture Produce Market Committee (APMC). It is the case of the petitioner that since there has been a shift in the political scenario and that the ruling party has been trying to pressurize the members to remove the petitioner as Vice Chairman and wants to regain the power of the Market Committee, the motion is moved in an act far from bona fide, at a time when the term of the office of the petitioner-Vice Chairman is nearing to come to an end.