( 1 ) RULE. Mrs V. S. Pathak, learned, AGP for respondent Nos. 1 to 3, Mr Tushar mehta, learned counsel for respondent Nos. 4, 5 and 6 and Mr Harin Raval, learned counsel for respondent No. 7 waive service of Rule. In the facts and circumstances of the case and considering the urgency in the election matters, we have taken up the petition for final disposal today.

( 2 ) THE Director of Agricultural marketing and Rural Finance issued order dated 11. 5. 2007 fixing the date of election to APMC, Himmatnagar. The detailed election programme was thereafter issued on 15. 5. 2007 with the following dates for various stages of election :-

1. Date of announcement of elections 2. Date on which the Authorised Officer shall issue instructions for preparation of the voters list 14. 05. 2007 2a. Date of communicating the names of voters to the Authorised Officer [rule 7 (1)] 22. 05. 2007 3. Preparation of the provisional list of voters [rule 7 (2)] 29. 05. 2007 4. The last date for submitting objections/ applications for amendment/ addition to the provisional list of voters [rule 8 (1)] 4a. The date for republication of the preliiminary list with the notice prepared after the amendment, addition, suggestion/objections in the preliminary list are submitted. 4b. The last date for submitting objections to/applications for amendment to the revised list of voters [rule 8 (1a)] 22. 06. 2007 5. The date of publication of the final list of voters 26. 06. 2007 6. The date of filing nomination forms [rule 10 (2)] 26. 07. 2007 7. The date of publication of the preliminary lists of candidates (Rule 14) 26. 07. 2007 14. 05. 2007 16. 06. 2007 12. 06. 2007

8. Date of scrutiny of nomination forms (Rule 15) 27. 07. 2007 9. Date of withdrawing nomination form (Rule 17 (1) 30. 07. 2007 10. Date of publication of the final list of candidates [rule 17 (2)] 30. 07. 2007 11. Date of polling 07. 08. 2007 12. Date of counting 08. 08. 2007 13. Date of declaration of the result of elections

As soon as counting is over

Sd /- M. D. Chauhan,

Director of Agricultural Marketing and

Rural Finance

( 3 ) 14. 05. 2007 was the date on which the authorized Officer issued instructions to the APMC as well as the co-operative societies in the market area to communicate by 22. 5. 2007 the names of traders holding general licences falling under Section 11 (1) (ii) and the names of members of managing committees of the co-operative societies falling under clauses (i) and (iii)of Section 11 (1 ). Following the above election programme, the names were so communicated by 22. 5. 2007. Thereafter, the provisional list of voters was published on 29. 5. 2007 and the objections were invited by 12. 6. 2007. The petitioners objected to the inclusion of names of members of managing committees of respondent Nos. 4 to 6 (hereinafter referred to as "the respondent societies" ). On 15. 6. 2007, the authorized Officer - Deputy Director, agriculture Marketing and Rural Finance and district Registrar, Sabarkantha passed the impugned order (Annexure "a") rejecting the objections.

( 4 ) THE present petition challenges the above decision dated 15. 6. 2007 on the ground that the respondent societies, though registered on 30. 4. 2007 under the Gujarat co-operative Societies Act, 1961, obtained general licences from the APMC under section 27 of the Gujarat APMC Act, 1963 only on 21. 5. 2007, that is, after the date of declaration of election. Strong reliance is placed by Mr Patel on our judgment dated 16. 7. 2007 in Special Civil Application No. 11995 of 2007 in relation to elections to apmc, Junagadh.

( 5 ) ON the other hand, Mr Harin Raval, learned counsel for the APMC, himmatnagar and Mr Tushar Mehta. learned counsel appearing for the respondent societies have opposed the petition and submitted that all the three respondent societies were registered under the Co-operative Societies Act on 27th/30th april 2007 i. e prior to the date of declaration of the election by the Director, amrf. It is