SHRUTBANDHU H POPAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These petitions under Art. 226 of the Constitution challenge the Resolution dated 20-1-2007 passed by the Agricultural Produce Market Committee, Kalavad (for brevity "A.P.M.C." or the Market Committee") for granting trader's licences to 293 persons which would have the effect of including them in the voters' list for constituency called the traders holding general licences under clause (ii) of sub-sec. (1) of Sec. 11 of the Agricultural Produce Markets Act, 1963 (for brevity "the Act" or "the A.P.M. Act"). The petitioners have mainly contended that the new licences were issued in a surreptitious manner on 20-1-2007 after the Director of Agricultural Marketing and Rural Finance, Gujarat State decided on 10-1-2007 to declare the election program for elections to A.P.M.C., Kalavad and the election program was declared on 18-1-2007. It is contended that the issue of licences was not only contrary to the statutory provisions of the A.P.M. Act and the Rules, but was also done on such a large-scale as to subvert the democratic process by creating artificial majority for the Chairman of the outgoing Committee.

(2.) The facts leading to filing of these petitions, briefly stated, and as averred by the petitioners are as under :-

(3.) After the preliminary voters' list was published on 13-3-2007. the learned single Judge of this Court granted ad-interim slay on 14-3-2007, and referred the matter to a Larger Bench after making the following observations :-