MUKESH TRADING COMPANY Vs. MOHANBHAI UKABHAI AKOLIYA

JUDGEMENT

(1.) The applicants have preferred the present application for direction with the following prayers.

(2.) The applicants have made the aforesaid prayers in the backdrop of the following facts as could be culled out from the averments made in the present application. The applicants belong to the constituency of traders are holding general license of Dhanera Market Committee since many years. They had applied for renewal of their license for the year 201516, but, the formal order of renewal could not be passed as elections program was declared. As a result, there was no candidate to contesting the election from traders constituency and the seats of traders constituency of Dhanera A.P.M.C. have remain vacant, while election for the agriculturist constituency was held and eight agriculturist came to be elected as there was no representative of the traders constituency on the marketing committee, the State Government invoked the provisions of Section 11 of the Gujarat Agricultural Produce Markets Act (hereinafter referred to as "the act") and nominated the applicants as members of the marketing committee. The respondent Nos. 1 to 3 (original petitioners) challenge the order of grant of license under Section 27 (5) of the Act as also the nomination as members under Section 11(3) on the marketing committee by the State Government. This Court by order dated 28.08.2015 suspended the order of nomination of the applicants as members of the Managing Committee from the traders constituency. The applicants further averred in the present application that the petition filed by the respondent Nos. 1 to 3 is likely to take some time of the traders constituency has remain unrepresented for almost one year and that the applicants are otherwise qualified to be nominated, allowed to represent the traders community on the Managing Committee of the Marketing Committee. Necessary direction may be issued to allow the applicants to represent the traders community as members of the managing committee of Dhanera Market Committee.

(3.) I have heard Mr. Vaghela, learned advocate for Mr. A.V. Thakkar, learned advocate for the applicant and Mr. Rashes Sanjanwala, learned senior counsel assisted by Mr. Dipen Desai, learned advocate for respondent Nos. 1 to 3, Ms. Vrunda Shah, learned AGP for respondent No.4 and Mr. Hriday Buch, leaned advocate for respondent No.7.