MAGANBHAI GODABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition by way of public interest litigation by the petitioners who are members of the Palanpur, Vadgam, Danta Agricultural Produce Market Committee, which is respondent No. 5 in the present petition. The petitioners have been constrained to approach this Court with a grievance that respondent No. 5 incurring wasteful expenditure though it is financially not sound. It has been mainly submitted that Chairman of the Committee, Shri Somabhai Godadbhai Patel, respondent No. 6, is proceeding to foreign countries for a study tour at the expenditure to the incurred by the committee. The petitioners have also brought to the notice of this Court several incidents of wasteful expenditures incurred by the committee and its office bearers. The petitioners have given several instances with regard to mismanagement and irregularities committed by the Committee and have prayed that respondent No. 1 Government should initiate action under Sec. 46 of the Agricultural Produce Markets Act, 1963 (hereinafter referred to as 'the Act') so that the committee can be superceded. It has also been prayed that the expenditures to be incurred for the study tour of respondent No. 6 should be recovered from him.

(2.) Looking to the facts and circumstances of the case, with consent of the learned advocates, the matter is finally heard today.

(3.) The facts leading to the case as submitted by Learned Advocate Shri Vipul Modi appearing for the petitioners are as under: