(Per : HONOURABLE MR.JUSTICE N.V. ANJARIA)
1. Heard learned advocate Mr. Navin K. Pahwa for Ms. Shailee M. Shah for the petitioners. Learned Assistant Government Pleader Mr. Moulik Nanavati appears on being served with an advance copy of the petitions.
2. The challenge in the petitions is directed against the order dated 13.03.2012 passed by respondent no.2 authorized officer rejecting the objections of the petitioner-cooperative Bank in respect of non-inclusion of names of petitioners no. 2 to 37 in the preliminary list of voters for Agricultural Produce Market Committee, Gondal. Learned advocate for the petitioner invited attention to ad-interim order passed in Special Civil Application No.18702 of 2011 and stated that the issue involved in the present petition is similar.
3. In view of above statement of fact by the learned advocate for the petitioners, issue Rule returnable on 27.03.2012. Learned A.G.P. waives service for the respondent-State.
4. In order that irretrievable situation for the petitioners is obviated in the event of their finally succeeding in the petition, it is directed by way of ad-interim relief that the name of petitioners no.2 to 37 shall be deemed to have been included in the preliminary list of voters dated 24.02.2012 pursuant to the election programme declared by the Director for holding election to Agricultural Produce Market Committee, Gondal. The inclusion shall be without prejudice to the rights and contentions of the parties.
(D.H.WAGHELA, J.) (N.V.
ANJARIA, J.) (SN DEVU PPS) Top