PURSHOTTAMDAS DEVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petitioner, by way of filing this petition under Art. 226 of the Constitution of India challenges the impugned notification issued by the respondent No. 5 dated 1st March, 2004, pertaining to the elections of Agricultural Produce Market Committee.

(2.) Learned Counsel appearing for the petitioner has submitted that the respondent No. 5 has issued notification dated 1st March, 2004, whereby, the Decided on 23-7-2004. Special Civil Application No. 2924 of 2004 and C.A. No. 2024 of 2004. election of the Agricultural Produce Market Committee has been postponed in the midst of the election process. It is submitted that once election process has been started, as per the settled principle of law initiated by the Hon'ble Supreme Court, the same cannot be adjourned or suspended. Therefore, the action of the respondent No. 5 deserves to be quashed and set aside.

(3.) It is also contended by the learned Advocate for the petitioner that as per Sec. 11(3) of the said Act, only the Director, Agricultural and Co-operation Department has power to postpone the election. The reasons advanced by the respondent No. 5 has postponed the election of the Agricultural Produce Market Committee, are not legal and they are arbitrary and violative of Art. 14 of the Constitution of India. It is further averred by the petitioner that the election of Agricultural Produce Market Committee is a very small election in comparison with the election of Parliament, and most of the stages of elections of Agricultural Produce Market Committee, Palanpur, District Banaskantha have been over. Therefore, it is the duty of the State of Gujarat to see that the elections process should be over because the term of the old Committee, has already been expired. The total number of voters is very few here as under : <FRM>JUDGEMENT_470_GLR1_2005Html1.htm</FRM> Thus, the officer of the respondent, required for the aforesaid elections are very few, as the total number of the voters are very less and figure, and therefore, a general order issued on 1st March, 2004 by the respondent- authority, whereby, in the midst of the elections process of Agricultural Produce Market Committee, Palanpur, District Banaskantha, is in latent violation of the said Act.