Point in Issue :
Whether impugned order of deletion of names of petitioner from voter list of society is sustainable.

Jayant Patel, J.—As in both the matters, common questions arise, they are being considered simultaneously.

2. The petitioner, by this petition, challenges an order dated 22.2.2013 passed by the Authorized Officer, Respondent No. 4 herein, to exclude the name of the petitioners from the voters’ list of Agriculture Constituency at the ensuing election of Agriculture Produce Market Committee, Botad (herein after referred to as ‘the Market Committee’).

3. The short facts are that election of Market Committee had become due and therefore, the Director, Respondent No. 2, in exercise of powers under Rule 4 of the Gujarat Agriculture Produce Market Rules (herein after referred to as ‘the Rules’) had declared election program and various stages of election were declared. As per election program, the process was to begin from 9.9.12. The second stage was for giving instructions by the Authorized Officer on 9.9.2012. So, third stage under Rule 7, to provide information to the Authorized Officer for the voters’ list was fixed on 18.9.2012. On 25.9.2012, the objections against the preliminary publication of the voters’ list were to be invited within 7 days as per Rule 7(2). Thereafter, on 8.10.2012, the objections against addition or alteration of the preliminary voters’ list as well as publication of the same was to be made as per Rule 8(1) [herein after referred to as First Voters’ List]. The process of election had continued up to that date but on 10.10.2012, on account of the election of legislative assembly, the election of Market Committee was postponed. It appears that thereafter, as the election of legislative assembly was over, once again, the Director, Respondent No. 2, in exercise of power under Rule 4 declared various stages of the election from the stage where it had stopped. As per the revised election program, the process begun from the stage of 11.2.2013 which was the date fixed for republication of the preliminary voters’ list. The objections against re-publication of the preliminary voters’ list [herein after referred to as Second Voters’ List] were to be submitted on or before 18.2.2013. The objections were filed against the inclusion of the names of the office bearers of the petitioners- Societies in the second voters’ list on the ground that one person has become Member in more than one Co-operative Society and he is also Member of the Managing Committee and as a result thereof, the names appear in the voters’ list on more than one time being the representatives of the respective Cooperative Society and therefore, their names should be excluded or deleted from the voters’ list. The Authorized Officer passed the impugned order; whereby, he found that if one is permitted to be included as the representative of more than one Cooperative Society, there may be artificial majority and therefore, he decided to accept the objections and the names of the office bearers of petitioners- Societies were excluded from the voters’ list of Agriculture Constituency. It is under these circumstances, the petitioners have approached to this Court by preferring these petitions.

4. We have heard Mr. Dipen Desai learned Counsel appearing for both the petitioners. We have heard Mr. P.K. Jani, learned Government Pleader appearing for State Authorities including Authorized Officer. Mr. B.T. Rao appearing for Respondent No. 5 and Mr. N.D. Nanavati, learned Senior Counsel appearing with Mr. Devang Vyas, for the applicant in Civil Application Nos. 3718 and 3721 of 2013, who are stated to have filed their nominations for contesting at ensuing election of the Agriculture Constituency of the Market Committee and who are permitted to be impleaded as a party in the present special civil applications.

5. Learned Counsel for the petitioners mainly relied upon the decision of this Court in case of Kuber Bhandareshwar Group Kheti Piyat Sahkari Mandli Ltd. vs. Authorized Officer & Co. Operative Officer Attached to the Market reported in 2012 (1) GLR 742