PATEL BHAGWANBHAI NAROTTAMDAS Vs. AUTHORISED OFFICER OF DISTRICT REGISTRAR OF CO OPERATIVE SOCIETIES MEHSANA

JUDGEMENT

(1.) The petitioners were aggrieved by the preparation of the Voters list by the aothorised Officer respondent No. 1 and have filed the present petition for the issue of a writ of mandamous or a writ in the nature of mandamous or a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ order or direction directing respondent No. 1 to exclude respondents No. 3 to 70 from the final voters list and to include the names of the members of the Managing Committee of 7 Seva Sahakari Mandalies mentioned in para 7 of the petition.

(2.) The petitioners also prayed for the issue of a writ of mandamous or a writ in the nature of mandamous or any other appropriate writ order or direction not to hold election of 8 agriculturists on the basis of the final voters list pertaining to agriculturists constituency of Agricultural Produce Market Committee Visnagar. During the pendency of the petition in this Court this court did grant the interim relief restraining respondent No. 1 the authorised officer from holding election of 8 agriculturists on the basis of the agriculturists voters list of Agricultural Produce Market Committee.

(3.) In substance the grievance of the petitioners before me was that in the instant case the final voters list was published by the authorised officer on May 19 1978 and the election of 8 agriculturists as provided in sec. 11(1) (i) of the Gujarat Agricultural Produce Markets Act 1963 (hereinafter referred to as the Act) was to take place on June 27 1978 It may be stated at this stage that the tentative or the provisional list of voters was published by the authorised officer on April 30 1978 and in the said tentative or the provisional list of voters the names of respondents No. 3 to 70 were not included. It maybe also stated at this stage that the names of respondents No. 3 to 70 were shown for the first time in the final list of voters which was published on May 19 1978