(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Learned Advocate Ms.Trusha K.Patel for the petitioner moves draft amendment. The same is allowed.
2. After hearing the learned Advocates for the parties and considering the impugned notice, judgment and order dated 11.04.2012 passed by this Court in SCA No.396 of 2012 and the fact that the polling is scheduled to take place on 07.05.2012 for election to the Agricultural Produce Market Committee, Sanand, we deem it appropriate to pass the following interim order:-
The members of the Managing Committees of the petitioner societies, who by the impugned public notice dated 21.04.2012 have been prohibited by the Director, Agricultural Marketing & Rural Finance, Gujarat State from casting their votes in the polling scheduled to take place on 07.05.2012, shall be permitted to cast their votes in the election on the date of polling, i.e. 07.05.2012. However, the votes of members of the market committee of each petitioner society shall be cast in separate boxes qua each society which boxes shall not be opened and votes cast therein shall not be counted till further orders.
It shall be open for the Election Officer to count all other votes, except the votes mentioned hereinabove. However, the result of the election shall not be declared till the next date of hearing.
3. We may observe that only four societies have approached this Court by filing the present petitions challenging public notice dated 21.04.2012 issued by the Director, Agricultural Marketing & Rural Finance, Gujarat State. This Court is of the prima facie opinion that the impugned notice is not in consonance with the directions given by this Court in judgment and order dated 11.04.2012 in SCA No.396 of 2012. Therefore, it would be in the interest of justice and fitness of things if members of the Managing Committees of other societies, that is to say those societies who have not approached this Court, but who have been prohibited from casting their votes by the impugned notice, are also permitted to cast their votes in the election in terms of the above directions. The votes of members of the Managing Committees of these other societies shall be permitted to cast their votes on 07.05.2012. The votes of members of Managing Committees of each such society shall be cast in separate boxes. These boxes shall not be opened and the votes cast therein shall not be counted till further orders.
4. Taking into consideration the nature of the controversy involved in the matter, it will be in the fitness of things if the Director, Agricultural Marketing & Rural Finance, Gujarat State takes an impersonal approach in the matter and decides the issue before him in accordance with law, on a meaningful reading of the judgment and order of this Court in SCA No.396 of 2012.
5. The matters are adjourned to 09.05.2012.
(Ravi R.Tripathi, J.) (G.B.Shah, J.) *Shitole Top