PATEL RAMESHBHAI AGRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned Advocates for the parties. Rule returnable on 25.11.2020.

(2.) The petitioners, claiming to be the traders, holding general licences for doing their business of agricultural products in the market area of Agriculture Produce Market Committee, Deodar (hereinafter referred to as the "APMC, Deodar") have filed the petition challenging the impugned order dated 21.8.2020 (Annexure ?A) passed by the respondent No.4 Authorized Officer, by which the respondent No.4 has directed to delete the names of 205 voters, including the names of the petitioners from the voters' list of Traders' Constituency for the election of the APMC, Deodar scheduled to be held on 14.10.2020.

(3.) At the outset, it may be noted that the Court is quite alive to the legal position that the inclusion or exclusion of the names of the voters from the voters' list could not be said to be an extraordinary circumstance warranting an interference of the Court in exercise of its jurisdiction under Article 226 of the Constitution of India and that the petitioners would have an alternative remedy of filing the election petition under Rule 28 of the APMC Rules, as held by the Full Bench in case of Daheda Group Seva Sahakari Mandli Limited Vs. R. D. Rohit, Authorized Officer and Co-operative Officer (Marketing), reported in 2006 GCD 211 (SCA No.2489 of 2005 dated 27.4.2005). However, it is also required to be noted that the Supreme Court in case of Election Commission of India Vs. Ashok Kumar & Ors., reported in 2000(8) SCC 216, has held inter alia that judicial review of decisions of statutory bodies such as on a case of mala fide or arbitrary exercise of power being made out or the statutory body being shown to have acted in breach of law is permissible.