SHRI NAVJIVAN KALAVAD TALUKA SAHAKARI KHARID VECHAN SANGH Vs. STATE OF GUJARAT THROUGH DEPUTY SECRETARY

JUDGEMENT

(1.) These petitions under Article 226 of the Constitution are directed against the order dated 03.10.2011 of Director, Agricultural Marketing and Rural Finance of the State Government, whereby the petitioners' licences for the year 2011-2012 were cancelled in exercise of powers under section 27 (4) of the Gujarat Agricultural Produce Markets Act, 1963 (for short, "the Act"). Even as appeals were filed from the aforesaid impugned orders and applications for grant of interim relief were rejected, by order dated 24.10.2011 herein, the appellate authority was directed to hear and decide the appeals latest by 05.11.2011. Pursuant to that, Deputy Secretary (Appeal) has decided the appeals by order dated 04.11.2011 and that order rejecting the appeals is also called into question by way of draft amendment by the petitioners. That amendment is allowed and those orders dated 3.10.2011 and 04.11.2011 in the appeals are impugned herein. The facts in each of the petitions being similar and the legal issue required to be decided being common, all the petitions are heard and disposed by this common judgment on the basis of the facts in the first petition, i.e. SCA No.16210 of 2011.

(2.) It may be pertinent to note the common background of facts of the cases wherein the petitioner co-cooperative marking societies have been holding licences for purchase and sale of agricultural produce for its members who are primary level co-operative societies of Kalavad taluka or individuals. They have been registered since the year 2007 and operating in the market area since then. The market area is covered by Kalavad Agricultural Produce Market Committee (KAPMC) of which the Market Committee was elected in the year 2007 and the term of elected body was to expire on 24.6.2011. The Chairman of KAPMC made representations on 02.02.2011 and 26.02.2011 for declaration of election and preferred writ petition, being SCA No.2872 of 2011, for holding of election and restraining the State authorities from appointing administrator. At that stage, the State authorities issued notices under section 46 of the Act to show cause as to why elected body of the Market Committee should not be superseded, and alleged therein illegality in grant of licences to the petitioner co-operative marketing societies. Those notices were challenged by other writ petitions, being SCA Nos.4075 to 4078 of 2011, wherein this Court issued interim direction to grant adjournment in the proceedings initiated under section 46 of the Act. In the meantime, Director, Agriculture Marketing and Rule Finance, respondent No.2 herein, issued show cause notice dated 23.3.2011 to the petitioner in suo moto exercise of powers under section 27 (4) of the Act. Those notices were challenged in SCA Nos.4207 to 4212 of 2011, but the petitions were withdrawn with a view to filing reply to the show cause notices. Thus, in short, KAPMC was sought to be superseded and the licences of the petitioner societies were sought to be cancelled on the same basis with the allegation of licences having been illegally issued.

(3.) With the above backdrop of facts and proceedings, the petitioners appeared before respondent No.2 pursuant to the show cause notice issued under section 27 (4) of the Act, and the impugned orders dated 3.10.2011 were made so as to order cancellation of licences of the petitioner for the year 2011-2012, effectively ousting names of the members of managing committees of petitioners from the list of voters, on the eve of publication of preliminary list of voters. The date fixed for publication of preliminary list of voters was 05.10.2011. The petitioners sought to challenge those orders dated 3.10.2011, communicated on 4.10.2011, but the petition, being SCA No.1580 of 2011, was withdrawn on 11.10.2011. Another set of petitions, being SCA Nos.15434 of 2011, were also filed and withdrawn on 18.10.2011 with a view to preferring appeal within 48 hours. The petitioners' appeals No.487 to 493 of 2011 were taken up for hearing and order dated 04.11.2011 was made rejecting them mainly on the ground that the process of election for KAPMC was already underway and there is provision under Rule 28 of the Gujarat Agricultural Produce Markets Rules, 1965 for filing an election petition after the election.