P P F AND S B K Vs. S MANDLI LTD

JUDGEMENT

(1.) Since this group of seven Letters Patent Appeals relates to the elections of Agricultural Produce Market Committee, Patan, and a common question of law going to the root of the matter arises in these Letters Patent Appeals, we intend to dispose them of by this common judgement.

(2.) In order to appreciate the two broad contentions, which have been raised in each of the we appeals, we may set out shortly a few facts relevant and material for our purposes so as to enable us to appreciate these contentions in proper perspective. L. P. A. No. 382/85

(3.) Respondent No. 1, which is a Cooperative Marketing Society. moved this Court by Special Civil Application No. 5620/85 for appropriate writs. orders and directions enjoining the Authorised Officer respondent No. 2 herein appointed for the purposes of elections of the Agricultural Produce Market Committee, Patan respondent No. 3 herein, to include the names of the members of the Managing Committee of the Petitioner-Society in the voters' list prepared for purposes of the said elections. It is common ground that the Petitioner Society was constituted on 31st August, 1985 and applied for inclusion of the members of its Managing Committee to the Authorised Officer-respondent No. 2 herein vide its application of September 24 1985 and furnished the particulars in the pro forma prescribed in that behalf. It is also common ground that the Petitioner Society was issued licence for the years 1984-85 and 1985-86 by the Market Committee-respondent No. 3 herein on September 27, 1985. There is some dispute as to precisely on what date the application was made for obtaining the licence by the Petitioner Society. It is also admitted on behalf of the Petitioner Society that the Managing Committee was constituted on September 15, 1985. Since the Petitioner Society was intimated by the Authorised Officer vide his letter of September 27, 1985. that in the pro forma application the particulars about the Petitioner Society having obtained the licence for 1984-85 have not been shown in the relevant column 7 thereof the names of the members of the Managing Committee of the Petitioner Society were not included in the voters' list, the Petitioner Society moved this Court for appropriate writs, orders and directions for enjoining the Authorised Officer to include the names of the members of the Managing Committee in the voters' list as required under S.11(i)(iii) of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the Act").