BHARATBHAI DHULABHAI PATEL Vs. DIRECTOR

JUDGEMENT

(1.) Rule. Mrs V. S. Pathak, learned, AGP for respondent Nos. 1 to 3, Mr Tushar Mehta, learned counsel for respondent Nos. 4, 5 and 6 and Mr Harin Raval, learned counsel for respondent No. 7 waive service of Rule. In the facts and circumstances of the case and considering the urgency in the election matters, we have taken up the petition for final disposal today.

(2.) The Director of Agricultural Marketing and Rural Finance issued order dated 11.5.2007 fixing the date of election to APMC, Himmatnagar. The detailed election programme was thereafter issued on 15.5.2007 with the following dates for various stages of election :- <FRM>JUDGEMENT_719_GLH2_2007Html1.htm</FRM>

(3.) 14.05.2007 was the date on which the Authorized Officer issued instructions to the APMC as well as the co-operative societies in the market area to communicate by 22.5.2007 the names of traders holding general licences falling under Section 11(1)(ii) and the names of members of managing committees of the co-operative societies falling under clauses (i) and (iii) of Section 11(1). Following the above election programme, the names were so communicated by 22.5.2007. Thereafter, the provisional list of voters was published on 29.5.2007 and the objections were invited by 12.6.2007. The petitioners objected to the inclusion of names of members of managing committees of respondent Nos. 4 to 6 (hereinafter referred to as "the respondent societies"). On 15.6.2007, the Authorized Officer - Deputy Director, Agriculture Marketing and Rural Finance & District Registrar, Sabarkantha passed the impugned order (Annexure "A") rejecting the objections.