( 1 ) RULE returnable forthwith. Ms Trusha patel, learned AGP appears and waives service of Rule for all the respondents under instructions of Mr A. C. Pathan on behalf of the State of Gujarat and mr S. N. Joshi-respondent No. 3. In the facts and circumstances of the case. the petition is taken up for final disposal today.

( 2 ) ELECTIONS to APMC Bhatia. Dist. Jamnagar were declared as per the election notification at Annexure-C on 29. 1. 2007. The relevant portion of the election programme was as under:-

Date of publication of final voters list 19. 3. 2007 Date of submitting nomination forms 20. 4. 2007 Publication of preliminary list of nomination forms 21. 4. 2007 Date of scrutiny of nomination forms 21. 4. 2007 Last date of withdrawing nomination forms 24. 4. 2007 Date of publication of final list of candidates 24. 4. 2007 Date of polling 07. 5. 2007 Date of counting 08. 5. 2007

( 3 ) AS per the provisions of Section 11 (1) of the Gujarat Agricultural Produce markets Act, 1963, 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 and milk produce co-operative 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 situated 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 : provided that where the number of co-operative marketing societies situate does not exceed two, only one representative shall be so elected; (iv) and (v ). . . . . . . . (to be nominated as per the provisions of the Act ). There is no dispute about the fact that within the area of APMC Bhatia there are only two co-operative marketing societies and, therefore, only one representative is to be elected from the constituency No. (iii ).

( 4 ) UKABHAI Jivabhai Kanjaria (petitioner), Vankar Divaben Lavjibhai and ranchhodbhai Jivabhai Kanjaria all of whom are members of Kisan Agricultural produce Conversion Co-operative Society, bhatia submitted their nomination forms on the stipulated date. However, on the date of scrutiny,. e. on 21. 4. 2007, respondent No. 3 herein - Election Officer and District registrar, Co-operative Societies, Jamnagar rejected the nomination forms of all the three candidates on the ground that the co-operative marketing society of which the candidates are members has not passed any resolution nominating them for the purpose of contesting the elections. The said order dated 21. 4. 2007 at Annexure-A is under challenge in this petition under Article 226 of the Constitution.

( 5 ) MR Vaghela, learned advocate for the petitioner has stated that with the rejection of these three nomination forms not a single candidate has remained in the field and there will be no representation for constituency No. (iii ). On merits, it is submitted that the statutory provisions do not require any nomination to be made by any co-operative marketing society and that it is open to any member of a co-operative marketing society within the area of the concerned APMC to contest elections as a candidate for constituency No. (iii ). It is further submitted that it is for the members of the managing committees of the co-operative marketing societies in the area to elect two representatives (where the number of co-operative marketing societies in the APMC area is more than two) or to elect one representative (where the number of co-operative marketing societies in the APMC area does not exceed two ). It is further submitted that wherever the Legislature or the rule making authority intended to provide that the concerned c