CHELABHAI NATHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by a citizen and national of India under Article 226 of the Constitution for a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction for quashing and setting aside the impugned orders at Annexures A and B and to direct respondents Nos. 1 to 4 to hold election on the basis of the voters lists already prepared by the Authorised Officer under the Gujarat Agricultural Produce Markets Rules 1965 (hereinafter referred to as the Rules). The petitioner also prayed for a direction that respondents Nos. 1 to 4 should hold election from the constituency of cooperative societies holding general licences Unjha to Unjha Agricultural Produce Market Committee Unjha from the stage at which the election was postponed on October 25 1978 and October 26 1978 i. e. and to take poll on the basis of the election process announced in pursuance of the election programme dated August 4 1978 The petitioner has also prayed for other consequential reliefs.

(2.) A few relevant facts giving rise to the present petition may be stated in brief.

(3.) The market committee had to be constituted having elected two representatives of the Cooperative marketing societies situated in the market area and holding general licences of such societies under sec. 11 (1) (iii) of the Gujarat Agricultural Produce Markets Act 1963 (hereinafter referred to as the Act).