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SCA/4751/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4751 of 2011
=========================================================
UMESHBHAI
SHANTILAL SHAH - Petitioner(s)
Versus
AUTHORIZED
OFFICER & COOPERATIVE OFFICER ATTACHED TO MARKET & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
DILIP B RANA for
Petitioner(s) : 1,
MS MONANI BHATT, ASSTT GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 18/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard learned counsel Mr. Dilip B. Rana for the petitioner and
learned Assistant Government Pleader Ms. Monali Bhatt for respondent
No.1.
2. The
impugned order has been passed on 25.3.2011, by which the objection
of the petitioner challenging voter list has been rejected. The
petitioner after receiving the said order on 29.3.2011, again raised
objection. This subsequent objection was not maintainable and it was
open to the petitioner to challenge order dated 25.3.2011 by filing a
writ petition.
3. The
final voter list was published on 6.4.2011, whereas the writ petition
of the petitioner has been filed in the Registry of this Court on
13.4.2011, i.e. after publication of the final voter list.
4. At
this stage, we are not inclined to interfere with the election
process. In view of Full Bench decision of this Court in the case of
Daheda Group Seva Sahakari Mandali Limited Vs. R.D. Rohit,
Autho.Officer & Co.Operative Officer (Marketing)
reported in 2006(1) GCD 211 (Guj)[FB], it is
always open to the petitioner to challenge the election on the
ground that instead of 15 members, names of 22 members have been
forwarded and 22 members have illegally participated in the election.
In view of the said Full Bench decision of this Court, the petitioner
has adequate opportunity and remedy. This petition is dismissed on
the ground of alternative remedy.
(V.M.
SAHAI, J.)
(G.B.
SHAH, J.)
omkar
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