BHAVANBHAI BHARABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is filed under Clause 15 of the Letters Patent, by the original petitioner in Special Civil Application No.21053 of 2016 aggrieved by the order of the learned Single Judge dated 20/12/2016. By aforesaid order, the learned Single Judge has dismissed the petition.

(2.) The appellant herein is elected as member of the Agriculture Produce Market Committee ("APMC" for short), Ahmedabad on 22/01/2015. Further, he was elected as Vice­Chairman on 20/02/2015. Since then, he is continued as such.

(3.) The Gujarat Agricultural Produce Markets Act, 1963 ("the Act" for short) is amended by amending Act No.14 of 2015, by which Section 17A is inserted giving powers to remove Chairman and Vice­ Chairman of the Market Committee by way of No Confidence Motion. Based on the requisition of some of the members of the Market Committee, Director has passed order on 13/12/2016 appointing 3rd respondent as Authorized Officer to convene meeting of the members of the APMC for considering motion of no confidence against the appellant. After service of notice, the appellant has filed Special Civil Application No.21053 of 2016 seeking following reliefs : -