PANKAJSINH SAHEBSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned Advocate Mr V C Vaghela for the petitioner. The matter requires consideration. RULE. Mr Maulik G Nanavati, learned AGP waives service of Rule on behalf of the respondents. At the request of the learned Advocate Mr V C Vaghela for the petitioner, the matter is taken up for final disposal today to which learned AGP is having no objection.

(2.) THE facts of the case in brief are that the Director, Agricultural Marketing and Rural Finance, Gujarat declared election to the Agricultural Market Produce Committee, Sanand by issuing Notice on 26.9.2011 under Rule 10(2) of the Gujarat Agricultural Produce Market Rules, 1965. After declaration of the said election, elections to the Panchayats across the State were announced by the State Election Commission. In order to ensure that there is smooth conduct of elections of the Panchayats and the Agricultural Produce Market Committees, it was felt desirable that elections of all Agricultural Produce Market Committees coinciding with the Panchayat elections be postponed for some time. Accordingly elections to the Agricultural Produce Market Committee, Sanand were postponed on instructions of the Director. As even after elections to the Panchayat across the State were over and election to the Market Committee, Sanand was not resumed, the present petition was filed seeking a direction to the ?respondent authorities to immediately declare the election of Sanand APMC from the stage where it has stopped and complete and conclude the election?.

(3.) AT this stage, a query was put to the learned AGP as to whether the Director would insist on declaring a fresh election from the stage of calling names of potential voters being included in the voters' list even if an appropriate order is passed by this court permitting correction of the voters' list in the peculiar facts of the case so as to avoid repetition of preparation of voters' list and consequential delay of elections to the Market Committee. Mr Nanavati had requested for time on 10.4.2012 to seek instructions. Today when the matter is taken up for hearing, Mr Maulik G Nanavati makes a statement on instructions of Shri M.D. Chauhan, Director, Agricultural Marketing and Rural Finance, Gujarat who is personally present in the court that the decision to cancel the election was taken to prevent fraud and subserve public faith in fair and clean democratic election process. The intention was never to not hold the election or delay the election and therefore, if suitable directions are given by the court permitting correction of the illegality and apparent fraud in the voters' list, the Director would withdraw his earlier decision of cancelling the election declared by issuing notice on 26.9.2011 and the notice dated 2.4.2012 declaring a fresh election to the APMC, Sanand.