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1996 Supreme(Guj) 140

Gujarat High Court
Judgename :M.S.Shah
CHAUDHARI RAMESHBHAI DALSANGBHAI - Appellant
Versus
DIRECTOR,agricultural MARKET AND RURAL FINANCE - Respondent
S.C.A. 1227 of 1996
Decided On : 03/18/1996

Advocates Appeared: B.S.PATEL, D.J.PATEL, K.M.Mehta, K.S.JAVERI, M.R.ANAND, P.M.THAKKAR, R.S.PATEL

Headnote:(a) Gujarat Agricultural Produce Market Rules, 1965 - Rule 28 - Contention that petitioners have been excluded from the final list of voters hence they can not file an election petition under - Held, argument is throughly misconceived - Aggrieved person approaches the election Tribunal with the claim that he was qualified and was wrongly prevented by election officer either to vote or to contest the election.The argument is thoroughly misconceived. Whenever an aggrieved person approaches the Election Tribunal challenging the validity of any election on any such issue, he goes with the claim, inter alia, that he was qualified to vote and to contest at the election but he was wrongly prevented by the election officer from voting or contesting at the election by a wrongful exclusion of his name from the list of voters. The election officer would resist such election petition by contending that his decision was right. It is then for the Tribunal to decide whether the claim of the election petitioner is right or wrong.[Para 16]As per the settled legal position a statutory provision cannot be read so as to make it a tautology. If the interpretation canvassed by the petitioner is accepted, the provisions of Rule 28 would be rendered nugatory.[Para 16](b) Gujarat Agricultural Produce Market Rules, 1965 - Rule 8(1-A) - Scope under - After publication of provisional list of voters officer competent in that respect could reserve and consider only those objection which are filed against person whose name is for the first time included in provisional list - Election Officer has no jurisdiction to delete or remove from voters list names of persons whose name had been entered in the provisional list - Held, the impugned decision of the election officer to delete or exclude names of the petitioners from the final list of voters is ex facie without authority.At the hearing of the petitions, the contention is that objections which were pending on 19-1-1996 after the publication of the provisional list dated 19-1-1996 were decided. Even though such objections may not be fresh objections, the officers action in reviewing his decision of continuing such names in the provisional list was patently without authority as the specific language of sub-rules (1-A) and (2) of Rules 8 shows that after the publication of the provisional list of voters on 19-1-1996 the officer could have received and considered only those objections which were filed against a person whose name was for the first time included in the provisional list, i.e., against any new name entered in the provisional list. The impugned decision of the election officer to delete or exclude names of the petitioners from the final list of voters is ex facie without authority.

       [Para 28](c) Gujarat Agricultural Produce Market Act, 1963 - Gujarat Agricultural Produce Market Rules - Rule 28 - Election petition under - Presentation of - No provision to enable presentation only after the result of election is declared scheme under Representation of peoples Act, 1950 and 1951 is entirely different and can not be applied to the election dispute arising under the Act or the Rules.In the case of Mehsana District Co-operative S. & P. Union supra, the Division Bench has already held in para 6 of the judgment that the scheme of the Representation of the Peoples Act, 1950, and the Representation of the Peoples Act. 1951, is entirely different from the election scheme under the A.P.M.C. Act and Rules and, therefore, the decisions in respect of the electoral rolls under the Representation of the Peoples Act for elections to Parliament and Legislative Assemblies cannot be applied to the election disputes arising under the A.P.M.C. Act and Rules

       [Para 17]

M. S. SHAH, J.

( 1 ) ALL these petitions raise certain common questions of law and challenge deletion of the petitioners names from the final lists of voters in different constituencies for elections to Agricultural Produce Market Committee, visnagar (hereafter referred to as "the A. P. M. C. " ). At the joint request of the learned counsels for all the parties, the petitions are, therefore, heard together and are being disposed of by this common judgment.

( 2 ) BEFORE examining the grievance of the petitioners and the defences raised by the respondents, it is necessary to have a look at certain provisions of the Gujarat agricultural Produce Markets Act, 1963 ("the Act" for brevity) and the Gujarat agricultural Produce Markets Rules, 1965 ("the Rules" for brevity ). Section 2 of the Act contains definitions some of which read as under : (i) "agricultural produce means all produce, whether processed or not, of agriculture, horticulture and animal husbandry, specified in the Schedule. (v) "co-operative marketing society" means a society registered or deemed to be registered as such under the Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962), and engaged in the business of buying or selling of agricultural produce and holding a licence; (vi) "director" means the Director of Agricultural Marketing and Rural Finance, gujarat State; (vii) "general commission agent" means a trader who bona fide buys or sells or offers to buy or sell for an agreed commission, any agricultural produce on behalf of another person and does or offers to do anything necessary for completing and carrying out the transaction of such sale or purchase; (ix) "licence" means a licence granted under Sec. 6 or, as the case may be, a general or special licence granted under Sec. 27; (xviii) "retail sale" means a sale of any agricultural produce not exceeding such quantity as a market committee may by by-laws determine to be a retail sale in respect of such agricultural produce, (xix) "rules" means rules made under Sec. 59; (xxii) "trader" means any person, who carries on the business by buying or selling of agricultural produce or of processing of agricultural produce for sale and includes a cooperative society, joint family or an association of persons, whether incorporated or not, which carries on such business; section 11 of the Act read as under :"11. Constitution of market committee :- (1) 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 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. "

( 3 ) SECTION 27 provides for issuance, renewal, suspension or cancellation etc. of licences to traders, general commission agents etc. and also for appeals against refusal, suspension etc. of licences. Sec. 28 empowers the market committee to levy and collect fees on the agricultural produce brought or sold in the market area through such agents as it may appoint. Section 8 read with Rule 56 prohibits persons from carrying on the business as a trader or as general commission agent in agricultural produce in any market area without holding the licence obtained from the market committee. Section 59 empowers the State Government to frame rules for the purpose of carrying out the provisions of the Act including for the purpose of preparation and revision of list of voters for the purpose of any election under sec. 11, determination of the disputes arising in such election etc. Schedule to


























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