( 1 ) RULE. Ms. Trusha Patel learned A. G. P. waives service of Rule on behalf of respondent Nos. 1, 2 and 3, Mr. B. T. Rao learned Advocate waives service on behalf of respondent Nos. 5 and 6 on caveat. As far as respondent No. 4 A. P. M. C. , Upleta is concerned, it is formal party andits presence is not required.

( 2 ) IN the facts and circumstances of the case, particularly, considering the urgency involved in the election matter, with the consent of the learned Advocates, the petition is taken up for final disposal, and is accordingly being disposed of by this judgment.

( 3 ) THE Director of Agricultural Produce Market Committee declared the programme for election of A. P. M. C. , Upleta, District Rajkot on 19-2-2007. As per the said programme, the relevant dates are as under : publication of final list of voters : 3-4-2007 date for submitting nomination forms : 3-5-2007 publication of nomination forms : 3-5-2007 scrutiny of nomination forms : 4-5-2007 date for withdrawal of nomination forms : 8-5-2007 final publication of list of candidates : 8-5-2007 date of polling : 19-5-2007 date of counting : 20-5-2007 declaration of the result soon after completion of counting.

( 4 ) THE subject-matter of this petition is the challenge to the decision dated 4-5-2007 (Annexure-B) of the Election Officer rejecting the nomination forms of the petitioners, six in number.

( 5 ) SECTION 11 of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the Act") provides for constitution of market committee. In all, 14 members of the market committee are to be elected from out of following three constituencies :

(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;

(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 licenses, 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.

The present petition is concerned with the rejection of nomination forms of 6 candidates for the second constituency of traders holding general licence.

( 6 ) MR. Pahwa learned Advocate for the petitioners has submitted as under :

6. 1 Once, the petitioners names figured in the final list of voters published on 3-5-2007, the petitioners became eligible to contest the election from the copstituency of traders holding general licences. In fact, petitioner No. 5 is the present Chairman of the A. P. M. C. , Upleta for the current term 2003-2007 and the petitioner Nos. 2 and 3 are also the members of the present managing committee after having been elected as members of the A. P. M. C. from the traders constituency. It is stated that all these petitioners are traders holding general licences and are engaged in the trading business activities in the market area for the last several years. Copies of the licences issued by the A. P. M. C. in favour of the petitioners for the licensing year 2006-2007 are annexed to the petition at Annexure-E collectively. Reliance is also placed on the certificate issued by the A. P. M. C. that the petitioners are holding general licence for the last three years. It is submitted that the petitioners are engaged as traders, and therefore, once included in the final list of the voters, it is not open to the election officer to reject their nomination forms. It is submitted that the petitioners have mentioned in the nomination forms not only their personal name, but also their business name and name of the trading company or firm, and that, even the business name is sufficient to indicate the nature of the trading activity carried on