SHREE JANJARVA SEVA SAHAKARI MANDALI LIMITED Vs. DIRECTOR, AGRICULTURAL MARKETING & RURAL FINANCE & ORS.

JUDGEMENT

(1.) The authority and jurisdiction of the authorized officer appointed under the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the said Act") while discharging functions as authorized officer during the process of election of the agricultural market committees is being questioned time and again by the aggrieved persons by invoking extraordinary jurisdiction under Article 226 of the Constitution of India. This is one of such matters, where the petitioner society has challenged the order dated 5.6.2017 passed by the respondent authorized officer deleting the names of the members of the petitioner's managing committee from the voters' list of agriculturist constituency prepared for the election of the Agriculture Produce Market Committee, Mandal (here in after referred to as "the APMC, Mandal").

(2.) The brief facts as stated in the petition are that the petitioner is a cooperative society registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the Societies Act). The administration of the society is being looked after by the managing committee of the society and the object of the society is to extend the benefit of agricultural finance to its members. As per the audit report certified by the Auditor, Cooperative Societies, Ahmedabad, the petitioner society was given Grade-A for the period 2015-16. It is further case of the petitioner society that the election of APMC, Mandal was declared on 4.5.2017 as per the election programme (Annexure-B). The petitioner society, therefore, had forwarded the names of the members of its managing committee to the authorized officer for being included in the voters' list of agriculturist constituency. The authorized officer had accordingly included the said names in the preliminary voters' list declared on 17.5.2017 (Annexure-C). However, the respondent No.4 having raised objection against the inclusion of the names of the members of the petitioner's managing committee, the authorized officer vide the impugned order dated 5.6.2017 deleted the said names (Annexure-F), on the ground that the petitioner society had increased the number of members of its managing committee from 9 to 21 only with a view to increase the number of votes in the election of the APMC, Mandal. Being aggrieved by the said order, the petitioner has preferred the present petition under Article 226 of the Constitution of India.

(3.) The petition has been resisted by the respondent Nos.3 and 4 by filing their respective replies mainly contending inter alia that after the declaration of the election of APMC, Mandal on 4.5.2017, the petitioner society had called the general body meeting on 10.5.2017 and selected 21 members for its managing committee without holding any election, and therefore, their names could not have been included in the voters' list.