Harivadan Chandulal Shah vs State Of Gujarat & 7

1. Challenge made in the petition is to the order at Annexure-A passed by the Authorised Officer rejecting the objections raised by the petitioner against inclusion of the names of the respondent Nos 5 to 71 in the voters' list of the traders' constituency for the election of the Agriculture Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed May 04 02:34:50 IST 2016 C/SCA/2564/2016 ORDER Produce Market Committee, Naidad.

2. This Court vide order dated 30/03/2016 issued RULE and granted interim direction allowing respondent Nos. 5 to 71 to vote in the election of Agriculture Produce Market Committee, Nadiad from the traders' constituency. However, their votes were ordered to be kept in sealed cover. This Court also directed that the result of the election for the traders' constituency shall not be declared without leave of the Court.

3. The Civil Application is preferred to take up the main matter for hearing and pass order to count votes of traders' constituency and to declare the result without considering the votes cast by the respondent Nos. 5 to 71.

4. Today, when the matter is taken up for hearing learned advocate Mr. Dipen Sankhesra states that he has got instructions to appear for respondent Nos. 5 to 71, and he shall file appearance for them during the course of the day. Mr. Sankhesara has tendered affidavits of respondent No. 5 to 71, which are taken on record. Mr. Sankhesara states that respondent Nos. 5 to 71 have stated on affidavit that they do Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed May 04 02:34:50 IST 2016 C/SCA/2564/2016 ORDER not have any objection if the final result is declared without counting their votes and they withdraw their claim for being included in the voter list of traders' constituency for the election of the Market Committee. He further states that in view of the affidavits filed by the respondent Nos. 5 to 71, they have no objection, if objections raised by the petitioner against the inclusion of their names in the voter list of traders' constituency, are allowed, and consequently the impugned order is set aside.

5. In view of the above statement made by learned advocate for respondent Nos. 5 to 71, and the affidavits of respondent Nos. 5 to 71, the impugned order is required to be quashed and set aside without going into the contentions raised against the impugned order. It is accordingly quashed and set aside. The names of respondent Nos. 5 to 71 shall stand removed from the voters' list of the traders' constituency and their votes shall not be required to be counted for the election of the members of the Market Committee from traders' constituency. Consequently the Election Officer shall be now required to be declare the result of the election of the Market Committee for traders' constituency by counting the other votes from traders' Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed May 04 02:34:50 IST 2016 C/SCA/2564/2016 ORDER constituency.

6. The Election Officer shall now declare the result of the election of members of Market Committee from traders' constituency without counting the votes' of the respondent Nos. 5 to 71.

7. Since the main matter is disposed of, no order is required to be passed in Civil Application. The Civil Application is disposed of accordingly.

Direct service is permitted.

(C.L.SONI, J.) MANOJ KUMAR Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed May 04 02:34:50 IST 2016