A.J. SHASTRI, J.

1. The present petition under Art. 226 of the Constitution of India is filed for the purpose of seeking following reliefs:

“A. The Hon’ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, direction or order quashing and setting aside the impugned decision of the Authorized Officer by including the name of the respondent-Society and its committee members in the final voters list published on 23-11-2017 and the Authorized Officer be directed to remove the name of the respondent-Society and its members from the final voters’ list and to restrain from participating in the ensuing election of A.P.M.C., Vyara for Co-operative Marketing Societies Constituency.

B. Pending the final hearing and disposal of the petition, the Hon’ble Court be pleased to pass a mandatory relief directing the Authorized Officer to restrain the respondent-Society and its committee members from participating, exercising voting rights and contesting the election from the Co-operative Marketing Societies Constituency for the ensuring election of A.P.M.C., Vyara.

C. The Hon’ble Court may be pleased to punish the Authorized Officer for exercising the powers include the respondent-Society and its committee members in the final voters’ list published on 23-11-2017 and more particularly not holding eligibility criteria for inclusion in the list of voters, which are not available under the provision of the Act, 1963 and the Rules, 1965.

D. The Hon’ble Court may be pleased to pass such other order or orders as may be deemed just and proper in the circumstances of the case.”

2. It is the case of the petitioner that petitioner is a member committee of Vyara Taluka Sahakari Kharid Vechan Sangh Ltd. and also a Chairman of A.P.M.C., Vyara. It is submitted that the Sangh is holding a valid licence of market committee and the committee members of the Sangh are the voters for ensuing election of A.P.M.C., Vyara for Co-operative Marketing Constituency. It is further the case of the petitioner that the Director, Agriculture Marketing Rural Finance published election program of A.P.M.C., Vyara on 12-10-2017 by prescribing different stages for the election process. In that context, a preliminary voters’ list was published by Authorized Officer on 23-10-2017 and in view of such program, the names of the committee members of the Sangh were included in the Co-operative Marketing Societies Constituency of A.P.M.C., Vyara. It is also the case of the petitioner that there were 3 Societies in the voters’ list of Co-operative Marketing Society Constituency and the name of the respondent-Society was not available in the voters’ list as the society was holding licence of market committee and was not fulfilling the eligibility criteria to be included in the voters’ list by virtue of Sec. 11(1)(ii) of the Gujarat Agricultural Produce Markets Act, 1963 (for short ‘the Act’).

2.1. The petitioner has further asserted in the petition that Authorized Officer, pursuant to the election program, published a provisional voters’ list of respective constituencies on 10-11-2017 in which the name of the respondent-Society was not reflecting as a qualified voter. Subsequently, when the Authorized Officer published a final voters’ list of the respective constituencies on 23-11-2017, with utter surprise, the name of the respondent-Society and its committee members appears to have been included in the voters list, though no such powers are available to Authorized Officer as per the provision contained under Rule 81A of the Gujarat Agricultural Produce Market Rules, 1965. It is further the case of the petitioner that though the respondent-Society was not holding the licence of the market committee and though name was not reflecting in preliminary voters’ list, straightaway, the Authorized Officer has included, with some oblique motive, the name of respondent-Society in final voters’ list.

2.2. On realizing that such a serious