MOHANBHAI UKABHAI AKOLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in the instant petition filed under Article 226 of the Constitution of India, had initially challenged the impugned orders dated 14.08.2015 and 17.08.2015 passed by the Respondent No.2 Director and also had sought direction against the Respondent Nos.12 prohibiting them from nominating any member in Agriculture Produce Market Committee, Dhanera (hereinafter referred to as the APMC, Dhanera) in the traders and the cooperative marketing societies constituencies. During the pendency of the petition, the respondents having nominated the members of the APMC, Dhanera for the traders constituency and the cooperative marketing societies constituency in exercise of the powers conferred under section 11(3) of the Agricultural Produce Market Committee Act (hereinafter referred to as 'the said Act') vide the order dated 27.08.2015, the petitioners had amended the petition and prayed to issue a writ of prohibition for prohibiting the said nominated members from participating in the election of Chairman and Vice Chairman of APMC, Dhanera scheduled to be held on 31.08.2015.

(2.) At the first instance the Court, while issuing the notices to the respondents on 28.08.2015, had stayed the execution of the order dated 17.08.2015 (Annexure A) and had also suspended the nomination in favour of the six respondents, who were also the appellants before the Respondent No.2 Director. The Court had further directed that election to the posts of Chairman and Vice Chairman of the said APMC be held on 31.08.2015, however, the said six nominees would have limited right to vote in the said election and their votes will be kept in a sealed cover without destroying secrecy thereof and that result of the election be declared on the basis of the remaining votes cast. The said order was continued from time to time till this date.

(3.) The chronology of the events giving rise to the present petition is that the election of the APMC, Dhanera had taken place on 07.07.2015, wherein the petitioners were elected from the agriculturists constituency. It appears that the term of the APMC, Dhanera had expired on 26.05.2015 and that the erstwhile Chairman of the said APMC had not issued any licences to the traders or the cooperative marketing societies for the year 201516. As a result thereof, some of the traders and the cooperative marketing societies had preferred Special Civil Application No.6422 of 2015 and Special Civil Application No.6424 of 2015 seeking direction against the respondent Marketing Committee to hold meeting of the Marketing Committee for the renewal of licences and to include their names in the voters lists of traders constituency and cooperative marketing societies constituency for the election declared on 03.04.2015. The said petitions came to be dismissed by the Division Bench of this Court vide the order dated 13.04.2015 by observing inter alia that once the election was declared no such prayers as prayed for could be granted. It was, however observed that if the business of the petitioners was to have adverse effect on their functioning in capacity as the licence holders for nonrenewal of the licences, they may resort to appropriate proceedings.