LAWS(GJH)-2002-8-30

RATNABHAI KAJABHAI PATEL Vs. STATE OF GUJARAT

Decided On August 27, 2002
RATNABHAI KAJABHAI PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. P.K. Jani for the petitioners in Special Civil Application No. 5732 of 2002 and 5734 of 2002 and Mr. B.S. Patel for the petitioner in Special Civil Application No. 6713 of 2002. Heard learned Government Pleader Mr. A.D. Oza and learned advocate Mr. K.S. Jhaveri for the respondents No. 1, 2 and respondent NO.3 respectively in these three petitions.

(2.) It is important to note the observations made by the apex court in paragraph 179 of the decision in case of Kikoto Hollohan versus Zachillali reported in 1992 [Supple] (2) SCC 651, which is reproduced as under:

(3.) The facts of Special Civil Application No. 5732 of 2002 are as under in brief : The petitioner is the permanent resident of village Saral, Taluka Dhanera, District Banaskantha. Village Saral is in the market area of the Agricultural Produce Market Committee, Dhanera. The petitioner is an agriculturist and also the chairman of Saral Dudh Utpadak Sahakari Mandali Ltd. at village Saral, Taluka Dhanera, District Banaskantha. The petitioner is also a Vice Chairman of the Saral Seva Sahakari Mandali Ltd. which is a village Cooperative Society dispensing agricultural credit to its members and, therefore, the members of the Managing Committee of Saral Seva Sahakari Mandali Ltd. are the voters in the elections of the Agricultural Produce Market Committee, Dhanera. ["APMC" for short]. The petitioner was also a member of the Managing Committee of Saral Seva Sahakari Mandali Ltd. when the elections of the APMC Dhanera took place. Therefore, the petitioner is having right to vote in the elections of the APMC, Dhanera which took place before about six years. According to the petitioner, he is a qualified person to stand as a candidate in the elections of the APMC, Dhanera from the agricultural constituency. The elections of the APMC Dhanera took place in the year 1998. According to the petitioner, he was not a member of the APMC, Dhanera but he had exercised right of vote in the said elections. On 19th August, 2000, the State Government exercised the powers under section 52 read with section 5 of the Gujarat Agriculture Market Produce Committees Act, 1963 ["the APMC Act" for short] and divided the area of the APMC Dhanera into two Market Committees namely APMC Dhanera and the APMC Panthawada. Entire Taluka of Dhanera was declared to be the Market Area of the APMC, Dhanera and the APMC Panthawada consists of the entire area of Dantiwada. In view of the notification dated 19th August, 2000, nominated committee came to be constituted by the State Government for the APMC Dhanera as well as the APMC, Panthawada, Taluka Dantiwada, District Banaskantha. By virtue of the said notification dated 19th August, 2000, the State Government has constituted the committees by nominating persons into two market committees for a period of not more than two years from the date of the order. Date of the order being 19th August, 2000 for the committee as nominated by the State Government vide its notification dated 19th August, 2000, it seized to have its authority on and with effect from 18th August, 2002. According to the petitioner, since the term of the members of the market committee will come to an end before 18th August, 2002, before that time, elections in accordance with the provisions of the Gujarat Agricultural Produce Market Commttees Act, and the Rules framed thereunder are required to be held by the respondents. According to the petitioner, as per the statutory mandate contained under the provisions of the Act, it is required to be seen that the elections are required to be held but instead of complying with the mandatory requirements of law, the petitioner has come to know from the reliable sources that the State Government is likely to extend the term of the APMC in violation of the mandate of the law. It is also the case of the petitioner that the petitioner has come to know that a representation has been made to the State Government through Hon'ble Minister Shri Harjivan Patel who is the Minister from the Legislative Assembly Seat of Dhanera Constituency. According to the petitioner, present nominated members who are supporters of the party in power or active members of the party in power have impressed upon and persuaded to the Hon'ble Minister Shri Harjivan Patel to see that the term of the Market Committee is extended for a period of one year and because of the pressure of the supporters and the nominated members, the petitioner is apprehending that the Hon'ble Minister Shri Harjivan Patel has persuaded the Hon'ble Minister for cooperation under whose jurisdiction the subject in question is falling to extend the term of the the Market Committee and, therefore, present petition has been filed by the petitioner with a prayer to direct the respondents to start the election process for holding elections of the APMC, Dhanera and to appoint the administrator after the statutory period of two years of the nominated committee comes to an end and not to extend the term of the committee beyond the period from 18th August, 2002. Alongwith the petition, certain documents have been produced by the petitioner for justifying that he is an agriculturist and Chairman of the Mandali. The petitioner has also produced notification dated 19th August, 2000 whereunder the State Government has exercised the powers under section 52 read with section 5 of the Act and because of the bifurcation of one market area in two market areas, one as Dhanera and the another as Panthawada. In the said notification, name of the Committee Members are mentioned in respect of Dhanera and Panthawada. Respondents No.1 and 2 have filed affidavit in reply made by one S.A. Shaikh, Deputy Secretary, Agriculture and Cooperation Department, Sachivalaya, Gandhinagar on 5th July, 2002. Against that, affidavit in rejoinder has been filed by the petitioner on 11th July, 2002, alongwith the order passed by this court in Special Civil Application No. 5573 of 2002; 2339 of 2002 and 11130 of 2001 dated 24th July, 2002. On behalf of respondent No.3, affidavit in reply has been filed by one Shri Bhagwanbhai H. Patel. Alongwith the said affidavit in reply, respondent No.3 has produced notification dated 26th June, 2002, 15th July,2002 and 24th July, 2002.