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SCA/2325/2011 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2325 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
POSIYA
MAHESHKUMAR POPATBHAI & 7 - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
ANSHIN H DESAI for
Petitioner(s) : 1 - 8.
GOVERNMENT PLEADER for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 25/02/2011
ORAL
JUDGMENT
Leave
to amend.
Rule.
Learned AGP Ms.Manisha Narsinghani waives service of Rule on behalf
of respondents.
Heard
learned advocate for the parties. The petitioners, elected members
of the Junagadh Agriculture Produce Market Committee in the
agricultural constituency have filed this petition for seeking
appropriate direction to the respondent No.2 for holding meeting as
to No Confidence Motion against the Chairman and Vice Chairman. The
application for the same has been given to respondent No.2 on
03.02.2011 and as no action was taken, one identical request was
also sent on 11.02.2011. As there was inaction, this petition was
preferred. These petitioners were compelled to move the application
to call the meeting for No Confidence Motion and for getting
election held. The petitioners apprehended that the authorities were
for reasons best known to them not inclined to hold meeting.
In
light of this facts and circumstances of the case and applications
dated 03.02.2011 and 11.02.2011 were also filed, after filing of
this petition, the petitioners have filed individual affidavit that
they have come to know only when the petition was being taken-up for
hearing on 24.02.2011 that the attempt to settle No Confidence
Motion is made in a very dubious
manner as somebody has made forged signature of these members and
submitted their resignations as if they have resigned. These facts
were therefore required to be placed on the record by support of
affidavits containing specific averments. Accordingly, these
affidavits were placed on record. The matter is listed today.
Today,
learned AGP Ms.Manisha Narsinghani on instruction of Mr.Yasui
Baloch, Deputy Director, Agricultural Marketing and Rural Finance
submitted that alleged resignations have been submitted on
02.02.2011 and application for No Confidence Motion is dated
03.02.2011. The file was placed for perusal of this Court.
In
view of the peculiar facts and circumstances of the case, this Court
is of the opinion that respondent No.2 is required to be directed to
examine the grievances of the present petitioners, if they approach
him, by way of appropriate representation in respect of No
Confidence Motion as well as their alleged resignations. As till
date, resignations have not been accepted, the learned AGP has
submitted under the instructions that the entire issue is open and
respondent No.2 has not accepted the resignations till date.
In
view of this, following directions are issued, while disposing of
the petition.
(1) The
petitioners may, if they so adviced, approach respondent No.2 with
appropriate representation, praying for bringing to the notice,
entire facts and circumstances of the case by way of making
appropriate request in accordance with law.
(2) If
the petitioners, so approach respondent No.2 – the Director,
he shall decide and examine the prayers made in the representation
and give his decision by way of speaking order within one week
thereafter. In case if, it is held that the resignations are on
forged signatures or they are withdrawn in time, in such a
situation, Director shall without undue delay call the meeting for
the voting of No Confidence Motion as if the resignations are held
to be no resignation within one week thereafter. In case if,
director finds resignations are genuine, then also he would require
to give reasons as to why withdrawal prayer thereof may not be
considered.
Hence,
present petition stands disposed of. Rule is made absolute to the
aforesaid extent. No order as to costs.
Direct
service is permitted.
[S.R.BRAHMBHATT,
J.]
..mitesh..
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