VISHNUBHAI K THAKER Vs. UPADHYAY DISTRICT REGISTRAR

JUDGEMENT

(1.) The following operative order in the present petition was pronounced on 1/03/1996. For constraints of time, the reasons could not be dictated at that time.

(2.) The petition is filed by a member of the Sidhpur Taluka Sahkari Kharid Vechan Sangh Limited, that is, a Go-operative Marketing Society (Society for short). The petitioner's name was included in the final list of voters for the traders' constituency for election to the Agricultural Produce Market Committee, Sidhpur, in his capacity as a member of the society. The petitioner's nomination for elections scheduled to be held on 12/03/1996 was rejected as per order dated 1/03/1996. The said decision is challenged in the present petition. 3rd and 5/03/1996 were public holidays. The petition came to be filed on 4/03/1996 and circulated on 6/03/1996. This Court issued notice returnable on 8/03/1996. On that day respondents filed affidavit-in-reply. Rule was issued and with the' consent of the learned Advocates for the parties, the petition was taken up for final hearing.

(3.) Elections to the Agricultural Produce Market Committees (A.P.M.C. for short) are governed by the provisions of Gujarat Agricultural Produce Markets Act (hereinafter referred to as the Act) and the Gujarat Agricultural Produce Market Rules, 1965 (hereinafter referred to as the 'Rules'). Sec. 11 provides for constitution of the market committee. The relevant portion of Sec. 11 reads as under :