DESAI GOVINDBHAI SHIVLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned single Judge dated 13. 01. 2009 by which the petition of the present appellant came to be dismissed.

(2.) THE petitioner is a Councilor of Godal Municipality. Gondal Municipality by passing a resolution nominated the petitioner as Member in Agricultural Produce Market Committee (APMC), Gondal in April 2008. On 16th October 2008, however, Gondal Municipality passed a fresh resolution withdrawing the nomination of the petitioner as Member of the APMC, Gondal and instead nominated one Jayantibhai Kalidasbhai in his place as Member of the APMC. On 8. 12. 08, APMC circulated names of elected as well as nominated members which did not contain the name of the petitioner. He, therefore, approached this Court praying, inter alia, for a declaration that the Director of Agriculture Marketing and Rural Finance had no authority to delete the name of the petitioner from the earlier notification showing him as Member of the APMC. He also prayed for a declaration that he should be permitted to continue as Member of APMC till the term expires as provided under section 11 (4) (b) of the Gujarat Agricultural Produce Market Act, 1963 (Act for short ).

(3.) LEARNED single Judge dismissed the petition by the impugned judgment. The petitioner has therefore filed the present Letters Patent Appeal challenging the said order.