R.C.MANKAD - (1.) Petitioner who is member of the Patan Agricultural Produce Market Committee (hereinafter referred to as `the Committee) has filed this petition praying that respondents be directed to hold election of Chairman and Vice-Chairman of the Committee.
(2.) The following facts are undisputed: The Committee of which the petitioner is member was elected in 1981 for a period of four years. The period of four years expired on 30/09/1985 However the election of the new Committee was held on 30/11/1985 This new Committee has not come into existence as disputes relating to its election have been raised. Under Sec. 11(4)(b) of the Gujarat Agricultural Produce Markets Act 1963 the term of the Committee is deemed to be extended to and expire with the day immediately before the date of the first General Meeting of the Market Committee as reconstituted on the expiry of its term Therefore the term of the Committee of which the petitioner is member will continue to be in existence till the date immediately before the date of the first General Meeting of the Committee which has been elected in November 1985. On account of the election disputes this new Committee has not yet come into existence. In other words the Committee has not been reconstituted and therefore there is yet no question of holding its General Meeting. Under the circumstances as observed above the Committee of which the petitioner is member continues to be in existence.
(3.) The Committee elected its Chairman and Vice-Chairman on 19/09/1985 Rule 33 of the Gujarat Agricultural Produce Markets Rules 1965 inter alia provides that any person elected as Chairman or Vice-Chairman shall held office for two years from the date of his election as Chairman or Vice-Chairman as the case may be. Therefore the term of the Chairman and Vice-Chairman elected on 19/09/1985 came to an end on 18/09/1987 It therefore became necessary to hold the election of Chairman and Vice-Chairman of the Committee. The District Registrar of Co-operative Societies and Deputy Director Agricultural Marketing and Rural Finance Mehsana respondent No. 2 herein issued notice Annexure `A dated 14/09/1987 for holding of election of Chairman and Vice-Chairman on 23/09/1987 A meeting of the Committee was called on 23/09/1987 for the purpose of electing Chairman and Vice-Chairman. However by notice Annexure `B dated 21/09/1987 the Secretary of the Committee informed the members of the Committee that the meeting which was to be held on 23/09/1987 was postponed for administrative reasons. Thereafter no notice for holding the meeting of the Committee for the purpose of electing Chairman and Vice-Chairman has been given. The grievance of the petitioner is that there is no reason or justification for not holding such meeting and it is the duty of respondent No. 2 to call meeting of the Committee for the purpose of electing Chairman and Vice-Chairman. It is in the background of these facts that the petitioner has moved this Court by way of this petition seeking direction against the respondents to hold the meeting of the Committee for the purpose of selecting the Chairman and Vice-Chairman of the Committee;