- (1.) This writ petition has been filed by a resident agriculturist of village Uttarwada (Patwar Circle Mahuwa) Tehsil Bari Sadari (District Chittorgarh) said to be joint khatedar of land measuring 13 bigha 13 biswa comprised in Khasra No. 28, 82, 153/2, 161, 162, 163 and 165 of Patwar Circle Mahuwa, Tehsil Bari Sadari. In this writ petition, the petitioner has prayed for the following relief: (i) The election certificate of respondent No. 4 (Annex. 5) may kindly be quashed and set aside and the respondent No. 4 may be restrained from working as member of he Krishi Upaj Mandi Samiti, Badi Sadri from Agriculture Constituency No. 2. (ii) The respondent No. 4 may further be restrained from contesting the election of the post of Chairperson of Krishi Upaj Mandi Samiti, Badi Sadri as an agriculturist scheduled to be held on 26.9.2011. (iii) any other relief/reliefs, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner in the interest of justice. The main contention of learned counsel for the petitioner is that being agriculturist of the area the petitioner has every right to protect the interest of the agriculturists of the area, therefore, a writ petition was earlier preferred by him for the same relief as prayed for in this writ petition. Said writ petition was registered as S.B. Civil Writ Petition No. 8539/2011, in which, co-ordinate Bench of this Court passed an order on 16.9.2011 whereby the petitioner was given liberty to file representation to the authorities concerned immediately stating his view point and grievances with the request to the authorities concerned for taking decision on such representation before any further proceeding is taken for constitution of the marketing committee.
(2.) In pursuance of the above order, counsel for the petitioner at Jaipur Shri Suresh Charan went to the office of the director and filed application under Section 2(1)(ii) and Section 2(2) of the Rajasthan Krishi Upaj Mandi Act, 1961 but the Director Shri J.P. Shukla, after reading the application, refused to accept the application filed by the counsel for the petitioner, therefore, the petitioner has again filed this writ petition for redressal of his grievance.
(3.) Learned counsel for the petitioner Shri Vijay Bishnoi vehemently argued that respondent No. 4 cannot be defined as agriculturist in view of the definition of agriculturist under Section 12(1)(ii) of the Act of 1961 because she purchased the agricultural land in village Dungala measuring about 9 bigha on 16.6.2011 from one Ganesh S/o Veeram and her name was entered on 4.7.2011. Thereafter, she contested election for member of Krishi Upaj Mandi Samiti, Bari Sadari from the Agriculture Constituency No. 2 and she was declared elected.;