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High Court of Gujarat

THE KHEDBRAHMA TALUKA MATSYA UDHYOG COOPERATIVE SOCIETY LTD.versusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The petition was dismissed as infructuous because the election had already taken place.

Summary

The Khedbrahma Taluka Matsya Udyog Cooperative Society Ltd. filed a special civil application against the State of Gujarat and others, challenging a grievance related to an election. The petitioner’s counsel argued that the grievance was no longer viable because the election had already been conducted. The Court accepted this submission and held that the petition had become infructuous. Consequently, the Court disposed of the petition without addressing the substantive merits of the case. The order was signed by Justice Hemant M. Prachchak on 9 March 2026.

Issues considered

  • Whether the petition remains maintainable after the election in question has already been held

Subjects

  • election
  • petition infructuous
  • special civil application
  • High Court of Gujarat
  • procedural dismissal

Judgment

        C/SCA/17001/2023                                                        ORDER DATED: 09/03/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 17001 of 2023

================================================================
        THE KHEDBRAHMA TALUKA MATSYA UDHYOG COOPERATIVE
                          SOCIETY LTD.
                              Versus
                     STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR MANISH S SHAH(5859) for the Petitioner(s) No. 1
MR ANGESH PANCHAL, ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
MR ARTH V PARGHI(11292) for the Respondent(s) No. 3
MR VD PARGHI(568) for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
================================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                            Date : 09/03/2026

                                              ORAL ORDER


          Learned counsel Mr. Manish Shah, appearing on behalf of the
petitioner, has submitted that the grievance raised in the present
petition no longer survives as the election is already held and
therefore, the present petition has become infructuous.


          In view of above submission, the present petition stands
disposed of as having become infructuous. Notice is discharged.
          It is observed that this Court has not entered into the merits of
the matter.

                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 09/03/2026 17:41:51

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