RAMESHBHAI NARAYANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In both these petitions under Article 226 of the Constitution of India, the petitioners have challenged the orders dated 08.08.2019 passed by the Election Officer regarding the nominations of the petitioners. The petitioners had filed nomination forms for contesting the elections from co-operative marketing constituency.

(2.) Facts in brief are that the petitioners are members of Nizar Taluka Khedut Sahakari Kharid Vechan Sangh Limited. By an order dated 22.11.2018 the District Registrar appointed a custodian under Section 74D of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter to be referred to as 'the Act' for short). The challenge to such appointment failed as the petition was dismissed on 09.07.2019. The short ground on which the nomination form of the petitioners is rejected is that since a custodian has been appointed, petitioners are no longer members of the Managing Committee of the society.

(3.) Mr.Dipen Desai learned counsel for the petitioner submits as under: