JITENDRASINH MANJISINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the present petition filed under Article 226 of the Constitution of India, the petitioners, who were elected members of the respondent No.4 Market Committee, have challenged the order dated 28.12.2015 passed by respondent No.1 appointing the Administrator for respondent No.4 Market Committee in exercise of the powers under Section 11(5)(a) of the Gujarat Agricultural Produce Market Act, 1963 (the Act).

(2.) As per the case of the petitioners, term of the Market Committee had expired on 8.8.2012 and election program was declared to hold election of the Market Committee, however subsequently, such election program was cancelled by the respondent No. Then, new election program was declared. However, since the petition was filed against publication of the final voter list, direction was issued by this Court vide order dated 11.4.2012 in Special Civil Application No.396 of 2012 to declare election program from the stage of publication of the final voter list after the exercise in connection with finalisation of voter list was completed, as directed by the Court, by the Director. This order was challenged by the newly added party-respondent No.5 before Honble Supreme Court by filing S.L.P. (Civil) No.8771 of 2012, wherein stay against holding of the election was granted but, then by order dated 15.5.2015, the SLP was permitted to be withdrawn and thereafter, a petition was moved by the petitioners before this Court to direct the concerned authority to hold election and not to appoint the Administrator till election is held. In such petition, the direction was issued to take immediate steps for holding election.

(3.) The petitioners have alleged in the petition that all throughout, holding of election was stalled by respondent No.5 and the petitioners are not responsible for delay in holding the election and now, when there is a direction to hold election, with malafide intention, just to throw the present body out of the office, the impugned order appointing the Administrator is passed.