KANTILAL MANSUKHRAM THAKKAR Vs. J M PATEL REGISTRAR CO OP SOCIETIES MEHSANA

JUDGEMENT

(1.) The third respondent is incorporated as a Market Committee under sec. 10(1) of the Gujarat Agricultural Produce Market Act 1963 (hereinafter called `the Act). Sec. 11 of the deals with the constitution of Market Committees. Sub-sec. (1) of that section provides that every Market Committee shall consist of (i) eight agriculturists who shall be elected by members of Managing Committees of Co-operative Societies dispensing agricultural credit in the market area; (ii) four members to be elected in the prescribed manner from amongst themselves by the traders holding general licences; (iii) two representatives of the Co-operative Marketing Societies situate in the market area and holding general licences to be elected from amongst the members of such Societies by the members of the Managing Committiees of such Societies: provided that where the number of Co-operative Marketing Societies so situate does not exceed two only one representative shall be so elected; (iv) one member to be nominated by the local authority within whose jurisdiction the principal market yard is situated from amongst its councillors or as the case may be members who do not hold any general licence; and (v) two members to be nominated by the State Government. The term of office of a Market Committee as per clause (a) of sub-sec. (3) of sec.11 is four years from the date of its first general meeting. Under clause(b) of that sub-section the term of office of the members of the Market Committee shall be co-extensive with the term of the Market Committee and shall be deemed to extend 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. Sec. 59(1) empowers the State Government to make rules either generally or specially for any market area or market areas for the purposes of carrying out the provisions of the Act. According to sub-sec. (2) of that section without prejudice to the generality of sub-sec. (1) such rules may provide for or regulate the preparation and revision of list of voters for the purpose of any election under sec. 11 determination of disputes arising in such election and payment of expenditure in connection with or incidental to such election.

(2.) In exercise of the power conferred by sec. 59 of the Act the State Government has framed Rules called The Gujarat Agricultural Produce Markets Rules 1965 (hereinafter called `the Rules). Rule 2(5) defines electorate to mean a group of voters included in the list of voters prepared and maintained for the purposes of clause (i) or clause (ii) or clause (iii) of sub-sec. (1) of sec. II of the Act. Part III of the Rules deals with the election of a Market Committee. Rule 4 lays down that wherever a general election to a Market Committee or by-election under sec. 15 is to be held the Director shall by an order in writing fix a date of such election and publish such order by affixing a copy thereof in the office of the Market Committee and at a conspicuous place in the principal market yard in the market area. After the date of election is fixed and published under the said Rule three separate lists of voters have to be prepared for the purpose of sec. II of the Act. Rule 5 of the Rules lays down that such lists of voters shall be prepared in Gujarati under clauses (i) (ii) and (iii) of sub-sec. (1) of sec. II of the Act. According to Rule 6 a person whose name is entered in the list of voters shall be qualified to vote at an election to which the list of voters wherein his name appears relates unless he has ceased to the capacity in which his name was entered in such list. That brings us to Rule 7 the proviso whereof is required to be construed. That Rules reads as under :-

(3.) The Director by his order dated 2/02/1980 fixed the general election of respondent No. 3 Market Committee on 23/05/1980. Respondent No. 1 was appointed the Authorized Officer and respondent No. 2 was appointed the Election Officer for the purpose of the said election. Respondent No. 1 called for information as required by Clauses (i) (ii) and (iii) Rule 7. The said information containing the names of voters were to be supplied on or before 6/03/1980. Thereafter different dates were fixed by respondent No. 1 for publication of provisional and final lists of voters under Rule 8 of the Rules. The final list of voters was published on 11/04/1980. Thereafter the Director fixed the stages of election as required by Rule 10 of the Rules. However before the election could he held the Director by his order dated 6/05/1980 postponed the election to 1/07/1980. The election was held on that date and opponents Nos. 5 7 8 and 9 were declared elected. The petitioners had contested the election but they were not successful. They therefore challenged the election under Rule 28 of the Rules but in vain. They have therefore filed this petition under Art. 226 of the Constitution.