PATEL MANGUBHAI SHANKERBHAI Vs. DIRECTOR AGRICULTURAL MARKETING AND RURAL FINANCE

JUDGEMENT

(1.) These two Special Civil Applications relate to Patan Agricultural Produce Market Committee, so we consider advantageous to dispose of by a common judgment.

(2.) Special Civil Application No. 8483 of 1997 is at the instance of the three members of Patan Agricultural Produce Market Committee questioning the action of the Authorized officer in finalizing the final voters' list for the election to the Committee which was scheduled to be held on 18.1.1998. Prayer in the petition is made for the issuance of a writ of prohibition restraining Authorized Officer from making any amendment in the Preliminary Voters' List in any manner contrary to the provisions of Rule 8 (1a) of the Rules, framed under the Agricultural Produce Market Committees Act, 1963.

(3.) When Special Civil Application No. 8483 of 1997 came up for admission, learned Single Judge, while issuing notice directed the third respondent not to delete the names of Voters whose names are appearing in the Preliminary List till further orders. When it came up before the learned Single Judge on 4.12.1997, it was submitted before the learned Judge that election to the Market Committee has been cancelled and so the learned Judge vacated the interim order. Learned Judge further observed that respondent No. 3 also stands deleted as the Authorized Officer from the array of parties in view of the cancellation of election but he should continue only for the purpose of giving him opportunity to justify his interpretation of Rule 8 which is subject matter of the petition. Therefore it follows that no final voters' list was prepared by the Authorized Officer for the election to the Market Committee.