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SCA/8511/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8511 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE G.B.SHAH
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
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 ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
PRAFULBHAI
MAGANBHAI PADALIYA - Petitioner
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 5 - Respondents
======================================
Appearance
:
MR
ANSHIN H DESAI for Petitioner.
MS JIRGA D JHAVERI, AGP for
Respondent No. 1.
None for Respondent Nos.2 -
6.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 07/07/2011
ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
We
have heard learned counsel Mr. Anshin H. Desai for the petitioner
and Ms. Jirga Jhaveri, learned Assistant Government Pleader for the
respondents.
This
petition has been filed praying that election scheduled to be held
tomorrow i.e. 08.07.2011 may not be held or in the alternative 557
persons who have been illegally granted Traders License be
restrained from casting their votes from the traders constituency in
the election of Junagadh Agricultural Produce Market Committee.
Learned
counsel for the petitioner has vehemently urged that these 557
persons have been illegally granted Traders Licenses just to
materially affect the election. This list of 557 Traders who have
been granted Traders Licenses according to the petitioner was known
to the other persons on 16.06.2011, but the petitioner came to know
about this fact only on 05.07.2011.
A
Full Bench of this Court in Dehgam Group Seva Sahakari Mandli
Limited v. R. D. Rohit, Authorized Officer and Co-operative Officer
(Marketing), 2006 (1) GCD 211 (Guj.) (FB) has held that a person
who has not been permitted to cast vote or if illegal voters have
been permitted to cast vote, in both the situations, remedy lies in
filing election petition under Rule 28 of the Gujarat Agricultural
Produce Marketing Rules, 1965.
Since
the petitioner has an adequate alternative remedy of filing an
election petition, we are not inclined to interfere with the process
of election. This petition fails and is accordingly dismissed on
the ground of alternative remedy.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[G. B. SHAH, J.]
Savariya
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