( 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;