BABUBHAI RAMJIBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing these petitions, petitioner of Special Civil Application No. 9026 of 1999, Babubhai Ramjibhai Desai, who is a member and Chairman of Nindroda Seva Sahakari Mandali Limited and representing Agricultural Constituency and petitioner of Special Civil Application No. 9027 of 1999, Akbarbhai Rahimbhai Momin, who is a member and member of Managing Committee of Samoda Seva Sahakari Mandali Limited and representing Agricultural Constituency, on the apprehension that the party in power in the State has registered certain new Co-operative Societies for the purpose of inclusion of the names of the members of the Managing Committee in the voters' list for the election of Agricultural Produce Market Committee, Siddhpur, have approached this Court for following relief : "The Hon'ble Court be pleased to issue a writ of mandamus or writ in nature of mandamus or writ of prohibition or writ in nature of prohibition or any other appropriate writ, direction or order directing the respondents to prepare the voters' list of Agricultural Constituency of the A.P.M.C. Siddhpur consisting of the societies which are dispensing agricultural credit of regulated items in the market area of Siddhpur A.P.M.C. and restrain the respondents from including any other societies which are dispensing with agricultural credit of any other items which are not regulated in the Siddhpur A.P.M.C."

(2.) The facts of the petitions in nutshell are as under :

(3.) According to the petitioners, out of the items referred to in Schedule I of the Act, there are several items which can be regulated under the Act. But the market committee can control only those agricultural produce which are notified by the State Government under Secs. 5 and 6 of the Act. According to the petitioners, market committee will also be controlled by societies which are dealing with regulated items within the market area. However, according to the petitioners, certain milk producing societies are trying to get themselves included in the voters' list of the Agricultural Constituency. Since "milk" is not a regulated agricultural produce, those societies are co-operative marketing societies and, therefore, those societies cannot be included in the Agricultural Constituency for the reasons that they are co-operative marketing societies and milk is not regulated in the market area of Siddhpur A.P.M.C.