ASHOKSINH GOPALSINH JADEJA Vs. D H BRAHMBHATT

JUDGEMENT

(1.) The petitioners challenge the postponement of elections of Rajkot Agricultural Produce Market Committee The election programme was notified on 16 1989 by issuing a notice under Rule 10 of the Gujarat Agricultural Produce Markets Rules 1965 and the nomination papers were to he filed on 8-2-1990 and after different stages the poll was to be held on 20-2-1990 and counting and declaration of result was to take place on 21-2-1990.

(2.) On 5-2-1990 the election officer published notice that under the instructions of the Director of Agricultural Market and Rural Finance the election programme has been postponed for the time being The petition was filed on 6-2-1990 ant notice was issued to the respondents returnable on 7-2-1990 pre-emptorily and the respondents were directed to state the provision and circumstances under which the impugned decision to cancel the election programme was issued. On 7 no affidavit-in-reply was filed and oral submissions were made and rule was issued returnable on 8-2-1990. The petition was heard on 9-2-1990.

(3.) In the affidavit-in-reply the allegations of political reasons gad mala fide were denied and it was stated that it is not only the election of Rajkot Agricultural Produce Market Committee which was postponed but of seven such other committees in different districts of Gujarat were also postponed where the pointing date was from 12-2-1990 to 20-3-1990 and the reason was that general elections to Gujarat Legislative Assembly were to be held on 27-2-1990 and therefor it was directed that she elections to these seven APM Committees be held after the Assembly elections. That order was passed by the Director the first respondent herein who is the authority which had issued notice Annexure A to the petition. He has filed affidavit-in-reply that when the election programme of Agricultural Produce Market Committee was announced the Assembly elections were not announced. However subsequent to the publication of that notification Assembly election were announced and the date for such elections was fixed on 27/02/1990. Representations were received to postpone the elections of the Market Committee and therefore the matter was examined and it was found that the elections of various Agricultural Produce Market Committees were scheduled in February March April and May and the elect programme in respect of them had been announced and it was held that the question was not merely of considering postponement of elections of the Agricultural Produce Market Committee Rajkot; but of postponement of other Agricultural Produce Market Committees since the difficulties highlighted were common for alL In order to ensure that there is a smooth conduct of the elections of both Assembly and the Agricultural Produce Market Committees it was felt desirable that the elections of Agricultural Produce Market Committees should be postponed be sometime and on scrutiny of dates and various programme and keeping in view the polling dates of assembly election i.e. 27-2-1990 it was felt that elections of such Market Committees which were scheduled beyond middle of April should not be disturbed but the elections of other committees should be postponed and fresh election programme be issued. At the hearing of this petition the learned Government Pleader had submitted that the fresh election would be held on 1-6-1990 and that there will not be any nomination by the Government.