SHRI CHUNAVADI VIBHAG KHEDUT SEVA SAHAKARI MANDLI LTD Vs. AUTHORISED OFFICER AND CO OPERATIVE OFFICER

JUDGEMENT

(1.) RULE. MR. Nikunt Raval learned AGP waives service of Rule for respondent No. 1. Inspite of service of Notice for final disposal none appears for respondent Nos. 2 and 3.

(2.) IN this petition under Article 226 of the Constitution, the petitioners have challenged the order dated 17. 8. 2009 passed by the Authorised Officer and Co-operative Officer for elections to APMC, Vyara District Tapi.

(3.) THE names of members of the Managing Committee of the petitioner societies are excluded from the voters' list on the ground that the petitioner societies do not dispense agricultural credit through the members of their Managing Committee and cannot be included in the list of voters for the constituency of agriculture under Section 11 (1) (i) of the Gujarat Agriculture Produce Market Act, 1963 (hereinafter referred as to the "apmc" ). The petitioners' case is that the petitioner societies are selling fertilizers and other products to their members for the purpose of carrying on agricultural operations and that in the course of this activity they are required to supply fertilizers and other products related to agricultural operations to their members on credit. It is also submitted that at the end of such agricultural operations the members sell the final agricultural produce and that when the final agricultural produce is ready, after selling the same, the members pay off the dues of the petitioner societies.