BHASKAR BHATTACHARYA, C.J.

This Special Civil Application has been referred to a Larger Bench by order dated 9th April 2013 passed by a Division Bench of this Court (Coram: Jayant Patel & Mohinder Pal, JJ.) as the said Bench was of the opinion that the view proposed by that Bench was, to some extent, in conflict with the one earlier taken by another Division Bench of this Court (Coram: S.J. Mukhopadhaya, CJ & J.B. Pardiwala, J.) in the case of Dashrathsinh Ramjubhai Gohil vs. State of Gujarat reported in 2011 (1) GLH 795.

2. The case made out by the petitioner in the Special Civil Application giving rise to this Reference can be summed up thus:-

2.1 The petitioner is a voter in the category of the traders’ constituency at Sr. No.1745 in the final voters’ list for the election of Agriculture Produce Market Committee, Deesa, the respondent no. 4.

2.2 That the term of elected body of the respondent No.4-committee was going to expire on 7th January 2012, and therefore, the respondent No.4 issued a notification dated 19th October 2011 for fresh election and consequently, published an election-programme for the election of 14 seats of all the three constituencies of the responden