( 1 ) THESE two petitions raise common questions. The latter petition is a more comprehensive one as it covers all the three constituencies unlike the first petition which covers only the Co-operative Marketing Societies Constituency. The facts in both the petitions being identical it would suffice if we briefly state the facts of the second petition which were relied upon by Counsel at the hearing of these two petitions.

( 2 ) THE Gujarat Agricultural Produce Markets Act 1963 (Gujarat Act No. XX of 1964) hereinafter called the Act was enacted inter alia for the establishment of markets for agricultural produce in the State of Gujarat. Section 9 provides for the establishment of a market committee for every market area declared as such under Sec. 6 of the Act. By virtue of Sec. 10 every market committee is a body corporate. Section 11 provides for the constitution of the market committee. It lays down that every market committee shall consist of the following members: (I) eight agriculturist who shall be elected by members of managing committees of co-operative societies (other than co-operative 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; (III) two representatives of the co-operative 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 members of the managing committees of such societies; (IV) one member to be nominated by the local authority (other than the market committee) within whose jurisdiction the principal market yard is situated from amongst its councillors or as the case may be members who do not hold any general licence; and (V) two members to be nominated by the State Government. Thus the market committee envisaged by this provision must consist of elected representatives of the first three constituencies and members nominated by the local authority and the State Government. Section S9 insofar as it is relevant for our purpose reads as under:"59. (1) The State Government may by notification in the Official Gazette make Rules either generally or specially for any market area or market areas for the purposes of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provision. such Rules may provide for or regulate- (I) the preparation and revision of list of voters for the purpose of any election under Sec. 11 determination of disputes arising in such election and payment of expenditure in connection with or incidental to such election;by this provision the State Government has been empowered to make rules providing for (i) the preparation and revision of list of voters for the purpose of election under Sec. 11; (ii) determination of disputes arising in such election; and (iii) payment of expenditure in connection with or incidental to such election. In exercise of power conferred by Sec. 59 of the Act the Government of Gujarat framed the Rules called The Gujarat Agricultural Produce Markets Rules 1965 Part III of the said Rules entitled selection of Market Committee are relevant for our purpose. Rule 4 empowers the Director to fix a date for a general election to a market committee or a bye-election under Sec. 15 of the Act. Under Rule 5 three separate lists of voters are required to be prepared for the purposes of election under Sec. 11 of the Act. These lists must comprise (i) a list of members of managing committees of Co-operative Societies dispensing agricultural credit in the market area; (ii) a list of traders holding general licences in the market area; and (iii) a list of members of managing committees of Co-operative Marketing Societies situated in the market area. According to Rule 6 a person whose name is entered in a list of voters is qualif