THAKORE SITAJI MOHANJI Vs. DISTRICT REGISTRAR CO OPERATIVE SOCIETY AND DEPUTY DIRECTOR AGRICULTURAL MARKETING AND RURAL FINANCE MEHSANA

JUDGEMENT

(1.) This petition concerns the election of Chairman and Vice-Chairman of Agricultural Produce Market Committee, Patan (hereinafter referred to as 'the Market Committee'). Elections of the Market Committee in terms of Section 11 were held on 4-1-1994. Petitioners and respondents Nos. 3 to 8 were declared elected as agriculturist members of the Managing Committee of the Society. So also the elections of four members represented by the traders holding general licences and two members of Cooperative Market Society situated in the market area holding general licences. After elections of all the three categories of members were complete a meeting of the newly constituted market committee was held on 15-2-1994 to elect Chairman and Vice-Chairman and accordingly Chairman and Vice-Chairman were elected. On expiry of two years which is term prescribed under the statute for the office of Chairman and Vice-Chairman, the election of new Chairman and Vice- Chairman were sought to be held on 8-3- 1996 as per the agenda of meeting issued on 27-2-1996. The holding of elections of Chairman and Vice-Chairman on the expiry of the term of previois Chairman and Vice- Chairman is challenged in this Special Civil Application.

(2.) It is the contention of the learned Counsel for the petitioner that since the constitution of the Market Committee as per the election held on 4-1-1994 and election of Chairman and Vice-Chairman on 15-12-1994, elections of all members representing agriculturists in terms of Section 11(2) have been set aside by the Director of Election, dispute having been raised for the reason that there was illegality in issuing voters list. The order of the Director setting aside the elections of all the agriculturist members to the society was upheld by the State Government on revision. Special Civil Application No. 10720 of 1995 had been preferred by such unseated candidates before this Court in which while issuing Rule, following interim order has been made : "Therefore, the interim relief staying operation of the impugned orders to enable the petitioners to function is refused. Interim relief is granted only to the extent of staying the process of fresh election pursuant to the impugned orders."

(3.) In these circumstances, learned Counsel for the petitioners contends that as the agriculturists constituency is not at all represented, there is no properly constituted marketing committee which could hold elections of its Chairman and Vice-Chairman. The ancillary contention of the learned Counsel for the petitioners is that if the Chairman and Vice-Chairman of the Committee are allowed to he elected by the remaining members of the society, it would continue to hold the office for two years, against which eight agricultarist members, if their Special Civil Application No. 10720 of 1995 succeed, will have no opportunity to field their candidate for the two offices notwithstanding they constituting a majority. It is also urged that there is no provision that once election of Chairman and Vice-Chairman has taken place he could be removed by the majority of the members before the completion of the term.