AGRICULTURAL PRODUCE MARKET COMMITTEE VIJAPUR Vs. ELECTION OFFICER AND DISTRICT REGISTRAR OF CO OPERATIVE SOCIETIES
LAWS(GJH)-1979-10-4
HIGH COURT OF GUJARAT
Decided on October 10,1979

AGRICULTURAL PRODUCE MARKET COMMITTEE Appellant
VERSUS
ELECTION OFFICER AND DISTRICT REGISTRAR OF CO OPERATIVE SOCIETIES Respondents

JUDGEMENT

A.N.SURTI - (1.) In the present petition the much debated controversial point at the bar is whether an officer designated as an Authorised Officer by the Director under sub-rule (2) of Rule 2 of the Gujarat Agricultural Produce Markets Rules 1965 (hereinafter referred to as the Rules) is a thoroughly independent statutory officer to perform his statutory functions as provided in the Rules or is an officer who is subject to the superint endence and control of the Director and/or the State having regard to secs. 4 9 and sub-sec. (2) of sec. 59 of the Gujarat Agricultural Produce Markets Act 1963 (hereinafter referred to as the Act).
(2.) Before I proceed to consider the much debated controversy at the bar I need hardly emphasise the fact that in a civilised progressive democratic republic a free election a fair election an election untainted and unstigmatised by any remote or possible pressure or influence from any quarters either from the Superiors or even from social workers would add glory and reputation to the fair name of democracy and in particular to the gradually successful biggest functioning democracy in our country. Thus fairness devoid of any pressure from any quarters either remote or otherwise must necessarily be reflected at all stages of election viz. the preparation of the provisional voters list the final list of the voters filling up the nomination forms withdrawal and the scrutiny thereof and the polling of votes; may the election be in any Gram Nagar Taluka State or the Country for the establishment of any constitutionally constituted authority or even any establishment of any statutory authority in pursuance to any enactment passed by the State or the Parliament. With these observations I will now proceed to consider the debated issue at the bar.
(3.) In order to appreciate the point raised by Mr. Vakharia the learned advocate for the petitioners a few relevant facts may be stated.;


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