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SCA/7616/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7616 of 2010
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AMULAKHBHAI
U MAHESHWARI PRESIDENT AND ANOTHER
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY AND OTHERS
=============================================================
Appearance :
MR
MTM HAMIM with MR R.K.MANSURI for
the Petitioners
MR CB UPADHYAY, AGP for Respondent Nos.1 to 3
DS
AFF.NOT FILED (R) for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 08/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The
petitioners have invoked Articles 14, 19, 21 and 226 of the
Constitution to challenge orders dated 8.6.2010 of the Authorized
Officer and Cooperative Officer (Market), Himmatnagar, whereby names
of 440 and 148 traders were ordered to be removed from the voters’
list from Modasa office and Tintoi office, in connection with the
election to be held for Modasa APMC.
2. In
view of the law settled by the Division Bench of this Court in
Kalubhai Ranabhai Akbari v. State of
Gujarat and others [2007(3)
GLH 57] and in the
Godhara Taluka Sahkari Kharid Vechan Sangh Limited and another v.
State of Gujarat and others [2009(3)
GLH 380], there was limited consensus to the
effect that the traders, whose licences were
renewed before preparation and submission of the voters’ list were
required to be included in such lists and the impugned orders were
required to be set aside to that extent. It was submitted on
instructions of Mr. JK Patel, the authorized officer concerned and
the author of the impugned orders, who is personally present in the
Court that such traders numbering 237 in the case of Modasa office
and 120 traders in the case of Tintoi office were required to be
included in the voters’ list; and therefore, they would be entitled
to participate in the election as voters as also to submit their
nomination for standing in the election for which the last date is
today.
3. Accordingly,
without prejudice to the rights and contentions of the traders, whose
names would still remain excluded from the list of voters, Rule is
made absolute in the aforesaid agreed terms, with the effect that 237
traders of Modasa office and 120 traders of Tintoi office shall be
entitled to vote and participate in the election process, as
aforesaid. The petition is accordingly partly allowed with cost
quantified at Rs.1000/- which shall be paid to the petitioners by the
respondent, jointly and severally.
(D.H.WAGHELA, J.)
(BANKIM.N.MEHTA,
J.)
shekhar/-
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