(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Learned counsel Mr.B.T.Rao appearing for respondent Nos.4 and 5 in Special Civil Application No.18702 of 2011 and appearing for respondent Nos.5, 8, 9, 10, 11, 13, 14 and 15 in Special Civil Application No.18838 of 2011 sought permission to withdraw and take off the record affidavits recently filed at page Nos.353 to 380 in Special Civil Application No.18702 of 2011 and from page Nos.516 to 537 in Special Civil Application No.18838 of 2011. Consequently, learned counsel for the petitioners Mr.Pahwa sought permission to withdraw and take off the record affidavit-in-reply filed on behalf of the petitioners in respect of the aforesaid affidavits at page Nos.353 to 380 in Special Civil Application No.18702 of 2011 and from page Nos.516 to 537 in Special Civil Application No.18838 of 2011. Permission being granted, these papers of the affidavits shall be detached from the files and returned to respective learned counsel. As jointly submitted by learned counsel, those affidavits and papers shall have no effect and shall not be used for any purpose as if they were never tendered. Learned counsel Mr.Rao further submitted that upon return of the aforesaid papers, they are proposed to be immediately destroyed in the presence of the officer concerned of the Registry. Permission being granted, they may be destroyed by the representatives of respective learned counsel.
2. These petitions challenge the order of the Authorized Officer for either including or excluding the names of certain persons from the voters' list of different constituencies in respect of election to the Agriculture Produce Market Committee, Rajkot. Today, when the matters were taken up for hearing, it is stated by learned counsel appearing for respective parties that the group of petitions involving the same or similar issue are pending before the Honourable Supreme Court have to come. It is also stated by learned AGP Mr.Nanavati that the election to the Agriculture Produce Market Committee, Rajkot declared on 24.11.2011 is suspended because of the Panchayat elections and thereafter the process of election has not been resumed by the Director, Agriculture Marketing and Rural Finance, Gujarat State. In that view of the matter, it may be appropriate to defer the hearing of these petitions and await the decision of the Honourable Supreme Court.
3. During the course of hearing today, it was suggested at the bar that the panchayats elections being over, the Director should resume the process of election of Agriculture Produce Market Committee, Rajkot. There is no pleading or prayer to that effect in the present petitions and hence, it would be inappropriate to pass any order or issue any direction in that regard. However, as and when the elections are resumed, the parties shall be at liberty to make request for taking up these matters and praying appropriate relief. It is clarified at the request of learned AGP that pendency of the present proceedings shall not come in the way of the Government to take necessary steps in accordance with law. Accordingly, hearing of these petitions is adjourned to 21.6.2012 as suggested by learned counsel with liberty to parties to approach this Court in case of necessity and without prejudice to the rights and contentions of the parties.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top