( 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

( 4 ) ON the facts stated above there was no controversy before me and the learned advocate argued the whole matter on the basis that the provisional or the tentative list of voters was prepared on April 30 1978 and that the provisional list did not contain the names of respondents Nos. 3 to 70 as the voters. It was also an admitted fact before me that the final list of voters was published by the authorised officer on May 18 1978 and it was only in the final list of voters that the names of respondents No 3 to 70 appeared.

( 5 ) ON the aforesaid admitted facts and on which there was no dispute before me it was urged by Mr. Vakharia the learned advocate for the petitioners that as the preparation and the publication of the final list of voters was not in accordance with law I should give a direction to respondent No. 1 to exclude the names of respondents Nos. 3 to 70 from the final voters list. He also urged that if the final voters list was not in accordance with law and the rules framed under the Gujarat Agricultural Produce Markets Rules 1965 (hereinafter be referred to as the Rules) I should give a direction to respondent No. 1 not to hold election of 8 agriculturists as provided in sec. 11 (1) (i) of the Act.

( 6 ) IN order to substantiate the point involved in the petition Mr. Vakharia invited my attention to sec. II of the Act. Sec. 11 of the Act provides as follows:"11 (1) every market Committee shall consist of the following members namely : (i) eight agriculturists who shall be elected by members of managing committees of cooperative societies (other than cooperative marketing societies) dispensing Agricultural credit in the market area; (II) four members to be elected in the prescribed manner from amongst themselves by the traders holding general licences. (ii) two representatives of the cooperative marketing societies situate in the market area and holding general licences to be elected from amongst the members (other than nominal associate or sympathiser members) of such societies by the m