RAMANSINH NARSINH RAHTHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, by way of the present petition filed under Article 226 of the Constitution of India, have sought for quashing and setting aside of the election programme dated 5.5.2017 (Annexure-A) declared by the respondent No.2 Director for the election of the respondent No.4 - Agriculture Produce Market Committee, Rajpipla (hereinafter referred to as "the APMC, Rajpipla") and have further sought for direction against the respondents to continue the nominated body in the APMC, Rajpipla appointed vide the Notification dated 4.4.2017.

(2.) The short facts leading to the present petition are that the respondent No.4 - APMC, Rajpipla was constituted under the provisions of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the said Act"). The first meeting of the said Committee for the purpose of election of the Chairman and Vice-Chairman was held on 16.1.2013 and thus, the term of the said Market Committee was to expire on 15.1.2017. It appears that the State Government in Revenue Department vide the Notification dated 18.2.2014 (Annexure-C), in exercise of the powers conferred under Section 7 of the Gujarat Land Revenue Code, bifurcated Taluka Nandod into two Talukas i.e. Nandod and Garudeshwar, specifying the villages of the said Talukas. It appears that based on the said division of Nandod Taluka, the State Government by a notification dated 4.7.2016 declared its intention to bifurcate the market area of Narmada District having APMC, Rajpipla into two market areas being market area of Rajpipla Taluka and market area of Garudeshwar Taluka, and after considering the objections received by it, issued Notification dated 18.2.2017 under Section 52 of the said Act, bifurcating the market area of APMC, Rajpipla into two market areas i.e. market area of Rajpipla Taluka and market area of Garudeshwar Taluka (Annexure-F). The State Government also dissolved the old APMC, Rajpipla and appointed an administrator under Section 11(5) of the said Act, till new committee was constituted. The State Government in the said notification nominated the members of managing committee for newly constituted APMC, Garudeshwar.

(3.) It further appears that thereafter the State Government vide the Notification dated 4.4.2017 (Annexure-G) nominated 12 persons as the members of managing committee of APMC, Rajpipla for a period not more than two years. Nine out of said twelve nominated members are the petitioners herein. According to the petitioners, the first meeting of the nominated body of the APMC, Rajpipla was to be held on 7.4.2017 for the purpose of the election of the Chairman and Vice-Chairman, however, in the meantime, the respondent No.5 Kishorebhai Ishwarbhai Patel, who was the Ex-Member of the APMC, Rajpipla filed the petition being Special Civil Application No.7557 of 2017, challenging the Notification dated 4.4.2017 and the appointment of the nominated body made by the State Government. In the said petition, the Court vide the order dated 18.4.2017 issued the notices to the respondents and observed inter alia that the respondents shall forward the election schedule (Annexure-J). On 5.5.2017, a statement came to be made on behalf of the State authorities in the said petition that they have declared the election of the APMC, Rajpipla. The respondent No.5, therefore, withdrew the petition as per the order dated 5.5.2017 (Annexure-L). The respondent authorities having declared the election programme on 5.5.2017, the same has been challenged by the present petitioners, who have been nominated as per the Notification dated 4.4.2017.