( 1 ) THE following operative order in the present petition was pronounced on 1/03/1996. For constraints of time, the reasons could not be dictated at that time. "rule. Mr. K. M. Mehta, learned A. G. P. , waives service of Rule. For the reasons to be recorded hereafter, the petition is allowed. The decision of respondent Mo. 1 taken on 1/03/1996 holding that the petitioner is not qualified to be a candidate at the election to be held on 12-3-1996 to Agricultural Produce Market committee, Sidhpur, from the traders constituency is hereby set aside and it is declared that the petitioner is qualified to be a candidate from the traders constituency of the Agricultural Produce Market Committee, Sidhpur. Rule is made absolute accordingly with on order as to costs. Direct Service is permitted. "the following are the reasons for allowing the petition as per above order dated 8-3-1996.

( 2 ) THE petition is filed by a member of the Sidhpur Taluka Sahkari Kharid vechan Sangh Limited, that is, a Go-operative Marketing Society (Society for short ). The petitioners name was included in the final list of voters for the traders constituency for election to the Agricultural Produce Market Committee, Sidhpur, in his capacity as a member of the society. The petitioners nomination for elections scheduled to be held on 12/03/1996 was rejected as per order dated 1/03/1996. The said decision is challenged in the present petition. 3rd and 5/03/1996 were public holidays. The petition came to be filed on 4/03/1996 and circulated on 6/03/1996. This Court issued notice returnable on 8/03/1996. On that day respondents filed affidavit-in-reply. Rule was issued and with the consent of the learned Advocates for the parties, the petition was taken up for final hearing.

( 3 ) ELECTIONS to the Agricultural Produce Market Committees (A. P. M. C. for short) are governed by the provisions of Gujarat Agricultural Produce Markets Act (hereinafter referred to as the Act) and the Gujarat Agricultural Produce Market rules, 1965 (hereinafter referred to as the rules ). Sec. 11 provides for constitution of the market committee. The relevant portion of Sec. 11 reads as under :"ii. Constitution of market committee :- (I) Every market committee shall consist of the following members, namely :- (i) eight agriculturists 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 licenses; (iii) two representatives of the Co-operative marketing societies situated in the market area and holding general licenses, 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. "rule 5 of the Rules provides for three separate lists of voters as under : (i) A list of members of managing Committees of co-operative societies dispensing agricultural credit in the market area (under Sec. 11 (1) (i)) (ii) A list of traders holding general licenses in the market area and (under Sec. 11 (1) (ii)) (iii) a list of members of managing committees of co-operative marketing societies situated in the market area holding general licenses (under Sec. 11 (1) (iii ). Rule 6 states that a person whose name is entered in the list of voters shall be qualified to vote at an election to which list of voters relates. Rules 7, 8 and 9 provide for preparation of the list of voters and three stages are provided for the same including the stage of inviting the objections. There is no dispute about the fact that the petitioners name was included in the final list of voters for traders constituency. Rule 10 provide?; for fixing stages of election and Rule 11 makes provisions for nominations. Rule 12 provides for deposit of nomination. Rule 13 provides for verificat