( 1 ) RULE in both the petitions, service of which is waived by Mr. U. A. Trivedi, learned A. G. P. , for respondent No. 1 in both the petitions. Service of rule is waived by M/s. Thakkar Associates for respondent no. 2 in Special Civil Application No. 1252 of 2000, whereas, Mr. P. K. Jani waives service of rule on behalf of respondent No. 2 in Special Civil application No. 1411 of 2000.

( 2 ) BOTH these petitions, under Art. 226 of the Constitution of India, are interconnected and raise common questions and also arise out of a common impugned order, dated 2nd March, 2000. Therefore, they are being disposed of by this common judgment, upon request.

( 3 ) SPECIAL Civil Application No. 1252 of 2000 is filed by the petitioner, whose nomination came to be rejected in the election for the Agricultural Produce market Committee, Visnagar, whereas, in Special Civil Application No. 1411 of 2000, the petitioner therein had raised objection against the nomination of the petitioner in Special Civil Application No. 1252 of 2000. For the sake of convenience, facts of first petition, i. e. Special Civil Application No. 1252 of 2000, are highlighted, and it is hereinafter referred to as the first petition and Special Civil Application No. 1411 of 2000 is referred to, as the second petition.

( 4 ) THE petitioner in the first petition was the member of Agricultural produce Market Committee, Visnagar (hereinafter referred to as the market committee ). He was the Chairman of the Agricultural Produce Market committee, Visnagar. When he was the Chairman, a donation of Rs. l lac was given to one charitable hospital on 27th September, 1995, out of the funds of the Committee. Thereafter, the Market Committee in its meeting, dated 25th june, 1999 by a resolution passed by 2/3rd majority, removed the petitioner as a member of the Market Committee and also resolved to recover an amount of Rs. 1 lac from the petitioner. The petitioner filed Special Civil Application no. 4307 of 1999 in this Court which was dismissed. Against the said order, l. P. A. , was also filed and there is no interim order in favour of the petitioner in the said L. P. A.

( 5 ) THE Director of Agricultural Marketing and Rural Finance passed the order, dated 5th October, 1999, whereby, the petitioner came to be removed as member of the Market Committee. He exercised his powers under Sec. 13 (1) of the Gujarat Agricultural Produce Markets Act, 1963, which was followed by a Special Civil Application before this Court, in which, the petitioner was relegated to the remedy of revision before the State Government and the State government by the order, dated 14-2-2000, dismissed the Revision Application. In the meantime, the Director published the election programme and in exercise of the said powers, the respondent No. 1 came to be appointed as the Election officer. The election programme has been notified. Final list of voters is published on 25th January, 2000 and nominations papers were to be filed from 1st March, 2000. The petitioner filed his nomination paper for being elected from agricultural constituency. Since the petitioner had apprehension that his nomination papers will be rejected on some grounds, he had preferred Special Civil Application No. 1052 of 2000, before this Court. Therein, order was passed on 28th February, 2000. The order passed in the said petition was served upon the respondent on 1st march, 2000. Even then, the Election Officer rejected the nomination of the petitioner on 2nd March, 2000. That is how the first petition came to be filed by the petitioner questioning the legality and validity of the rejection of his nomination by the respondent No. 1.

( 6 ) THE second petition is filed by a person who had raised objection against the nomination of the petitioner in the first petition. The second petition is filed, inter alia, contending that the respondent. Election Officer, did not consider two grounds out of three raised before him, and therefore,