JAYANT PATEL, J. - (1.)WE have heard Mr.Vaghela, the learned counsel appearing for the petitioner, Mr.Jayswal, learned AGP for respondent Nos.1,2 and 3, Mr.Satyam Chhaya for respondent No.4 and Mr.Anshin Desai with Mr.Pipalia, learned counsel for the respondent Nos.5 to 22 for admission and interim relief.
(2.)WE may record that following facts are undisputed:
1) The election of Agricultural Produce Market Committee, Panthawada, (hereinafter referred to as 'Market Committee/APMC' for convenience) had become due.

2) On 3 -12 -2014, the election programme for holding the election of the market committee was published by the respondent No.2.

3) On 13 -2 -2015, the decision was taken by the respondent No.2 to postpone the election programme/process in view of the contemplated inclusion of three Villages in the market area of the market committee.

4) On 23 -2 -2015, in a petition preferred by some of the agriculturists/voters challenging the decision of the Director, Agricultural Marketing and Rural Finance, for postponement of the election, this Court directed the conclusion of the proceedings for inclusion of new market areas of the market committee and further directed to hold the election of the market committee as early as possible and preferably within a period of three months from 1st of March, 2015.

5) Thereafter on 1 -3 -2015, the election programme, though directed by this Court, was not published.

6) On 16 -3 -2015, the registrations were granted to respondent Nos.5 to 18 as new societies which may have the consequence of inclusion of the members of the managing committee of such societies in the voters' list at the ensuing election of the market committee.

7) As no election programme was published inspite of the direction issued by this Court earlier in Special Civil Application No.3041 of 2015, Special Civil Application No.5378 of 2015 was preferred and in the said petition, the declaration was made on behalf of the State that the election programme for the election of the market committee shall be declared on or before 10 -4 -2015.

8) On 1 -4 -2015, the election programme has been declared by the Director so as to begin further steps from 6th of April, 2015.

(3.)IT is in light of the aforesaid facts situation, we need to prima facie consider the allegation made for the action to give birth to the newly registered societies on 16 -3 -2015 so as to include them in the voters' list at the ensuing election. We may also record that by inclusion of about 14 societies by granting of registration of respondent Nos.5 to 18 societies, on 16 -3 -2015, about 275 voters may get included in the voters' list of the agriculturists constituency as against 1100 voters.
As such, it prima facie appears that the eve of the election can be said to have begun from the date of the order passed by this Court dated 23 -2 -2015 in Special Civil Application No.3041 of 2015 whereby the direction was issued to complete the process of election within 3 months beginning from 1st March, 2015. Even if it is considered that 1st March, 2015 was the date so directed by this Court to initiate the process of election, then also in any case it can be said that the eve of election had already begun from 1st March, 2015. It prima facie appears that after the eve of the election had begun, new registrations of respondent Nos.5 to 18 societies were granted so that about 275 voters can be inducted in the voters' list of agriculturists constituency of the market committee at the ensuing election.