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SCA/9704/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9704 of 2011
AND
SPECIAL
CIVIL APPLICATION No. 9019 of 2011
=================================================
In
SCA No. 9704 of 2011
DILIPBHAI
C. NATHWANI
Versus
STATE
OF GUJARAT THROUGH SECRETARY & ORS
In
SCA No. 9019 of 2011
DEVANAND
SHAMLABHAI & ORS
Versus
STATE
OF GUJARAT THROUGH SECRETARY & ORS
=================================================
Appearance
in SCA No. 9704 of 2011 :
MR
DIPEN A DESAI for Petitioner
MR N.J. SHAH AGP for Respondents
Appearance
in SCA No. 9019 of 2011 :
MR
CHIRAG B PATEL for Petitioners
MS JIRGA JHAVERI, AGP for
Respondents
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 30/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1 We
have heard Mr.Mihir Joshi, learned Senior Counsel assisted by Mr.
Dipen A Desai, learned Advocate, for the petitioner and Mr. Prakash
Jani, learned Government Pleader assisted by Mr. N.J.Shah and
Ms.Jirga Jhaveri, learned Assistant Government Pleaders, for the
respondents. Learned Counsel appearing for the parties have agreed
that instead of deciding the writ petitions on merits,
this Court may direct that the respondents to hold elections of the
Agricultural Produce Market Committee, Kalavad, District-Jamnagar, at
the earliest.
2 We,
therefore, without entering into the merits of the case, direct the
respondents to hold the elections of the Agricultural Produce Market
Committee, Kalavad, District- Jamnagar, within a period of three
months from today. The interest of justice also demands to direct the
Administrator appointed by the State Government that the
Administrator shall not enroll any new member nor shall send any
information to the authorities against any member and, if, he sends
any information, the same shall not be acted upon.
3 Mr.
Jani, learned Government Pleader, has produced before us a fax
message wherein the instructions are issued by the State Government
that the respondents will hold the elections of Agricultural Produce
Market Committee, Kalavad, District – Jamnagar within a
period of six months. The said fax message is ordered to be taken on
record of the writ petition. However, we are not inclined to accept
the said request of the State Government as the election should be
held by the State Government or the respondents within a period of
three months.
4 With
the aforesaid directions, the petition stands disposed of
accordingly.
5 In
view of the aforesaid order, Special Civil Application No. 9019 of
2011 also stands disposed of accordingly. Rule is made absolute to
the aforesaid extent only.
(V.M.
SAHAI, J.)
(G.B.
SHAH, J.)
pnnair
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