- (1.) Considering the nature of the controversy raised in the petition, the petition is taken up for final disposal.
(2.) By the present petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27.1.2016 passed by the Authorized Officer, excluding the name of the petitioner from voter list prepared to elect two representatives of Bhatia Agricultural Produce Market Committee under Section 11(1)(iii) of the Gujarat Agricultural Produce Markets Act, 1963 ('the Act').
(3.) Learned advocate Mr. Vaghela for the petitioner submitted that what is required for being eligible for inclusion in the voter list, as per Section 11(1)(iii), is that the marketing societies should be situated in the market area, should be holding general licenses and engaged in the business in conformity with their respective objects. Mr. Vaghela submitted that the election is being held for the year 2015 -16 and there is no dispute that the petitioner society is situated in the market area for which election of the Market Committee is to be held and holds licence for the year 2015 -16. Mr. Vaghela submitted that the Authorized officer on totally irrelevant grounds not supported by amended provisions of Section 11(1)(iii) of the Act has removed the petitioner from the voter list on the ground that the petitioner did not hold licence for the year 2014 -15. Mr. Vaghela submitted that such is not the requirement envisaged in the amended provisions. Mr. Vaghela submitted that the petitioner has done the business in conformity with its objects and has also paid market rates.;