Ahmedabad: The Gujarat High Court
suspended the nomination of new members of the Agricultural
Produce Market Committee (APMC) Lodhika in Rajkot district and
observed that the state government did not apply its mind
while nominating the new members.
The order was passed yesterday by Justice M R Shah
while hearing a petition of one Hardevsinh Jadeja and four
others, who had sought quashing of the government order
nominating new members to the APMC Lodhika alleging that
committee was not appointed as per direction of the High Court
order of 2008.
"Having heard the respective parties and considering
impugned (government) notification of March 16 nominating
respondent as members of newly constituted Agricultural
Produce Market Committee, Lodhika, it prima facie appears that
their nomination (under section 54(2) of the Gujarat
Agricultural Produce Markets Act, 1963) cannot be sustained,"
the court observed.
"There is total non-application of mind on the part of
the state government in nominating members of the newly
constituted APMC, Rajkot - Lodhika. Though served (notice),
nobody (from the new members) appears.
Hence, impugned (government) notification dated March
16, nominating members of the newly constituted Agricultural
Produce Market Committee, Lodhika, is hereby stayed and
suspended," the court said in the order.
Without verifying or satisfying that respondents are
even eligible to be members of the APMC Rajkot, Lodhika or
not, they could not have been appointed as members of the
Market Committee," the order further said.
The court by way of interim relief, ordered that the
Director of Agricultural Market Rural Finance, would manage
affairs of the APMC, Lodhika till further orders are passed.