MADHAVSINH J VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is jointly filed by 9 petitioners under Article 226 of the Constitution of India for issuance of writ or any type of writ order or direction quashing and setting aside the impugned order dated 4.8.2002 passed by respondent No.2 (Annexure-A collectively). It is also prayed that the petitioner be allowed to contest election of Agricultural Constituency, Traders Constituency and Cooperative Societies Constituency, which was scheduled to be held on 16.8.2002.

(2.) The Director, Agricultural Produce Marketing and Rural Finance, Gandhinagar-respondent No.1 by notification dated 18.5.2002 declared the intention of holding the election of Agricultural Produce Market Committee, Nadiad (hereinafter referred to as "the Committee"). Pursuant to the directions issued by this court in the writ petition filed by one of the petitioners i.e. Vinubhai Nathubhai Patel-petitioner No.4, one of the petitioners i.e. petitioner No.6-Jayantibhai D. Patel has filed complaint before the Director against the former Chairman of the Committee. The Director passed an order dated 21.6.2002. The said order was challenged under Section 48 of the Act before the Deputy Secretary (Appeals) and the State Government issued notice and fixed it for hearing on 16/6.2002.

(3.) In pursuance of the election programme declared by the respondent No.1 all the petitioners filed their nomination forms on 3.8.2002. Other private respondent Nos.4 to 6 filed separate petitions against their candidature before the District Registrar, Cooperative Societies and Deputy Director, Agricultural Produce Marketing and Rural Finance and Election Officer, Nadiad-respondent No.2 (Annexure-B collectively). Notices were ordered to be issued against the petitioners and they were called upon by the Election Office to file the reply. Accordingly, they filed joint reply dated 4.8.2002 (Annexure-A). After extending an opportunity of hearing to the petitioners and considering the objections raised by the private respondent Nos.4 to 6, the Election Officer rejected the nomination on 4.8.2002 (Annexure-A collectively). The said orders are challenged in this petition.