( 1 ) AS all matters are interconnected and common questions arise for consideration and hence, they are being considered by this common judgment. I have heard the learned counsels appearing for petitioners Mr. S. N. Shelat with Mr. Champaner, Mr. P. M. Thakkar with Mr. Pahwa, Mr. N. D. Nanavati with Mr. Rawal, as well as Mr. Mihir Joshi, learned Additional Advocate General with Mr. Sunit Shah, learned Government Pleader and Mr. Mengdey, learned AGP for State Authorities, for final disposal. I have also heard Mr. Tushar Mehta for the applicant of Civil Application No. 9107 to 9109 of 2006.

( 2 ) SPECIAL Civil Application No. 15404 of 2006 and the petitions connected therewith is a group of petitions preferred by the Cooperative Societies through its Chairman, Sarpanchs of Gram Panchayats situated in Lodhika Taluka for challenging the action of the State Government by the notification dated 24. 07. 2006, whereby the APMC Rajkot, which was formerly comprising of the market area of three revenue Taluks viz. Rajkot Taluka, Lodhika Taluka and Paddhari Taluka is divided into APMC Rajkot-Lodhika and APMC Paddhari and by the said notification, the order is also passed by the State Government for nominating various persons as per Schedule-A in APMC Rajkot-Lodhika and as per Schedule-II in APMC Paddhari.

( 3 ) SPECIAL Civil Application No. 15403 of 2006 and connected petitions are preferred by the elected member of APMC Rajkot for challenging the very notification of the State Government dated 24. 07. 2006 for division of the Market Committee and for nomination of various persons in APMC, Rajkot-Lodhika and APMC Paddhari.

( 4 ) SPECIAL Civil Application No. 15405 and connected petitions are preferred by various Cooperative Societies through its Chairman/president and Sarpanchs of the Gram Panchayats situated in various villages of Paddhari Taluka of Rajkot District challenging the very notification of the State Government for division of APMC Rajkot into APMC Rajkot-Lodhika and APMC Paddhari and the nomination of certain persons as members in APMC Rajkot-Lodhika and APMC Paddhari.

( 5 ) THE short facts relevant for the petitions are as under: in January 2004, the election of the APMC Rajkot was held. However, it is the case of the petitioners that as the ruling party at the State Government level did not succeed in procuring the majority, the first meeting of the Market Committee so as to enable the duly elected member to assume the office, was not held and the said meeting was stayed at the dictate of the ruling political party. Thereafter, on 20. 03. 2004, the first meeting of APMC Rajkot was held and the election of Chairman and Vice Chairman was held at the said meeting. The statutory term of the Market Committee as per the provisions of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as the Act ), is 4 years coupled with the power of extension of 1 year with the State Government. Therefore, if the period of 4 years is counted, the statutory term would expire on 19th March, 2008. It is the case of the petitioners in these petitions that the Chairman of the APMC Rajkot, is belonging to a Congress Party, the rival group and is also sitting MLA of the Jamkandorna constitutency in Rajkot district. It is further the case of the petitioners that the Chairman of APMC Rajkot was also the Chairman of Rajkot District Cooperative Bank Ltd. , a District level Cooperative Bank in Rajkot district. It is further the case of the petitioners in these petitions that when the election of Rajkot District Cooperative Bank was ensued, the President of the ruling political party of Rajkot and former MLA of the ruling political party requested for sharing of the seats in the Managing Committee of the Bank to the Chairman of the APMC. However, as per the petitioners, since the Chairman of APMC, Rajkot refused to oblige, the Chairman of APMC Rajkot was threatened that the Government would take appropriate action against APMC Rajko

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