(Per : HONOURABLE MR.JUSTICE N.V. ANJARIA)

Having regard to the urgency involved in the subject matter of the captioned group of petitions, by consent of learned advocates appearing for the respective parties, all the five petitions are taken up for final hearing and disposed by this common judgment. We issue Rule herewith. Learned advocates appearing for the respective respondents have waived the service of Rule.

2. By way of present petitions invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner Vibhaniya Sewa Sahkari Mandali Limited and four others have made the following main prayers:

“The Hon’ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or a writ of certiorari, or any other appropriate writ, order or direction quashing and setting aside the order dated 24.10.2011 passed by the respondent no.4 Authorized Officer at Annexure-A to this petition, and thereby, be pleased to direct the Authorized Officer to include the names of the representatives of the respondent No.7 bank nominated as Directors of the petitioner societies in the voters list of the Agriculturist Constituency in the election of APMC, Kalavad and be pleased to permit the said members nominated by the respondent no.7 bank in the petitioners societies to participate in the election of APMC, Kalavad.”

3. The profile of relevant facts emerging from the first petition is that all the petitioners are co-operative societies registered under the Gujarat Co-operative Societies Act, 1961 engaged in business of dispensing agricultural credit in the market area of the Kalavad Agricultural Produce Market Committee. The petitioner societies have their by laws which are produced with the petition at Annexure-B. By law No. 32 deals with managing committee of the Society and provides inter-alia that the managing committee shall consist of 15 members and amongst them one member shall be a representative of the body lending financial assistance to the co-operative society. It is the case of the petitioner societies that they have availed financial assistance from Jamnagar District Co-operative Bank Ltd., respondent No.7 herein, and that bank has nominated representatives in the managing committee by passing necessary resolution. The names of the nominated members are found in paragraph 2.4 of the petition and supported by the intimation letters in each case at Annexure-C.

3.1 By order dated 24.10.2011, respondent No.4, the Authorized Officer has, in the purported exercise of his powers under Rule 8(1) read with Rule 7(2) of the Gujarat Agricultural Produce Markets Rules, 1965, cancelled the names of the representatives nominated by respondent No.7 Bank from the list of voters for election to the Kalavad Agricultural Produce Market Committee (KAPMC). When this Court was moved by the petitioners on 03.11.2011, the learned vacation Judge passed the following order in each of the petitions:

“Leave to amend the annexures. Heard Mr. Mihir Joshi, learned Senior Counsel with Mr. Dipen Desai and Ms. Vyoma Jhaveri for the petitioners.

NOTICE returnable on 9.11.2011.

As such, the petitioners have prayed for a very wide interim relief in Para 6(B) of the petition. However, considering the submissions made and taking into consideration the fact that the matters pertain to election of Market Committee and as per the election programme, the final list as per Rule 8 is to be published on 5.11.2011, in order to avoid any irretrievable situation and taking into consideration the prima facie case, respondent No.4 is directed to include the name of the members as mentioned in Para 2.4 at Sr. Nos. 1 to 5 in the final list that may be published as per the election programme on 5.11.2011, subject to further orders of this Court. As per the election programme, the stage of Rule 10(B) is to take place on 7.12.2011. Hence, no further interim relief is necessary at this stage. Direct service is permitted today. A c