Point of Law: As competent authority of respondent-Corporation after considering the findings of inquiry report has come to the conclusion to impose the punishment on petitioner of removal from service which does not disqualify him from future employment.

JUDGMENT :

1. With the consent of the learned advocates for the respective parties, the petition is taken up for final disposal.

2. Mr Digant Popat, learned advocate appearing for the petitioner prays for deletion of the respondent no.4 from the array of the respondents of the captioned proceedings. Request is acceded to.

3. Issue rule, returnable forthwith. Mr. Krutik Parikh, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent nos.1, 2 and 3, Mr Dipan Desai, learned advocate waives service of notice of rule on behalf of the respondent nos.5 and 6.

4. By this petition, the petitioner has prayed for quashing and setting aside the order dated 6.8.2021 passed by the respondent no.3 i.e., the Authorised Officer & Co-operation Officer (Markets), Palanpur (hereinafter referred to as the ‘authorised officer’) whereby, the names of the respondent nos.5 and 6 have been included in the voters’ list of the election of Agriculture Produce Market Committee, Palanpur.

5. Tersely stated are the facts: –

5.1 The petitioner, is engaged in the business of purchase and sale of agricultural produce within the market area of the respondent no.4, Agriculture Produce Market Committee, Palanpur (hereinafter referred to as ‘APMC, Palanpur’) and is holding license of the APMC, Palanpur. The election of APMC, Palanpur was declared by the respondent No.2 on 19.6.2021. As per the schedule of the election programme, the election is scheduled for 18.9.2021. The schedule of the election programme, is annexed along with the captioned petition at Annexure-B. As per the said schedule, the preliminary voters’ list was published on 6.7.2021 whereby, the names of the respondent nos.5 and 6 were included in the voters’ list of agriculture constituency. The petitioner being aggrieved, submitted his objection dated 20.7.2021 against the inclusion of the respondent nos.5 and 6 and other co-operative societies. The main ground on which the objection was raised by the petitioner was the disapproval of amendment in the bylaws by the District Panchayat Co-operation Committee in meeting dated 24.6.2021.

5.2 Considering the objection dated 20.7.2021 of the petitioner, the authorised officer passed an order dated 27.7.2021 and the names of the respondent nos.5 and 6 were omitted from the voters’ list of the agricultural constituency for the elections of APMC, Palanpur. According to the petitioner, 27.7.2021 was the date of finalising the preliminary voters’ list. The respondent nos.5 and 6 thereafter, approached the District Panchayat Committee which, in its meeting dated 2.8.2021, passed a resolution approving the bylaws of the respondent societies. After the bylaws were approved by the District Panchayat Committee, the respondent nos.5 and 6 once again submitted two applications, both dated 3.8.2021 to the authorised officer for inclusion of their names in the voters’ list. The petitioner, raised an objection dated 4.8.2021 before the authorised officer, inter alia, pointing out that the resolution which has been passed by the District Panchayat Committee, is without any authority of law inasmuch as, the powers lie with the Registrar and not with the Committee. The authorised officer, after considering the applications, both dated 3.8.2021 and the reply of the petitioner dated 4.8.2021, passed an order dated 6.8.2021, including the names of respondent nos.5 and 6 in the voters’ list. The petitioner, is aggrieved by the order dated 6.8.2021 passed by the authorised officer.

6. Mr. Digant Popat, learned advocate appearing for the petitioner, drew the attention of this Court to the Gujarat Agricultural Produce Markets Rules, 1965 (hereinafter referred to as the ‘Rules of 1965’). It is submitted that Rule 8 envisages provisional and final publication of lists of voters. As soon as the list of voters is prepared under Rule 5, the same is required to be published by the authorised officer by affixing a copy thereof at the office of the mark