JUDGMENT :

1. The present writ-application is instituted under Article 226 of the Constitution of India challenging the impugned order dated 24.01.2022 passed by the respondent No.2 Election officer, General Election Agriculture Produce Market Committee, Mahuva whereby nomination form submitted by the writ applicant for the post of Member of Agricultural Produce market Committee, Mahuva from the agricultural constituency is rejected.

2. The brief facts germane for adjudication of the present writ application are stated thus :-

2.1 The writ applicant is an agriculturist and holds agricultural land in village Chardika, bearing Survey No.118/2 of Village Chardika. It is stated that the Agricultural Produce Market Committee, Mahuva (herein after referred as "the Committee" for short) was duly constituted under the provisions of Chapters 3 and 4 of the Gujarat Agricultural produce and Marketing (Promotion and Facilitation) Act, 1963, (Gujarat Act No.29 of 1964) (herein after referred to as "the Said Act" for the sake of convenience and brevity) and the Committee is named and called as Agricultural Produce Committee, Mahuva, (herein after referred to as "the Committee" for the sake of convenience and brevity).

2.2 It is stated that since the term of the committee was expiring, director vide his order published election program on 03.11.2021, wherein the election was declared on 09.11.2021. The authorized officer directed to call for the names of the voters for preparation of list of voters on 09.11.2021. The list of the voters was to be sent to the concerned officer on or before 17.11.2021. The preliminary publication of list of voters was on 22.11.2021 and objections were invited till 06.12.2021. The republication of revised preliminary list of voters after deciding the objections and presentations received against the preliminary list of voters was 12.12.2021. The objections were invited against the revised amended list of voters till 19.12.2021 and after deciding objections, if any received, final list of voters was to be published on 23.12.2021.

2.3 The date of filing of nomination for the election was 23.01.2022 and publication of the list of nominated candidate was fixed on 23.01.2022 and scrutiny of the nomination was fixed on 24.01.2022. The date of the withdrawal of nomination was fixed on 27.01.2022 and publication of the contesting candidate was fixed on 27.01.2022 and election date is fixed on 04.02.2022. The nomination of the writ applicant came to be rejected by the respondent No.2 - Election officer on 24.01.2022 on the ground that the writ applicant has failed to produce the election card and the said communication is duly produced at page 45 of the present writ application.

2.4 He further submitted that no notice has been issued to the writ applicant calling upon as to why nomination of the writ applicant shall not be rejected.

3. Being aggrieved by the impugned order dated 24.01.2022, the writ applicant is constrained to approach this Court seeking indulgence under Article 226 of the Constitution of Indian. The writ-applicant has prayed for the following reliefs :-

"A. Be pleased to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction and quash and set aside notice/ order dated January 24, 2022 rejecting the nomination of the petitioner and further be pleased to direct that nomination of the petitioner be declared to have been validly nominated and petitioner be permitted to contest election accordingly.

B. Pending admission, hearing and final disposal of this petition, be pleased to stay the operation, execution and implementation of the notice/order dated January 24, 2022 and direct the respondents to declare the nomination of the petitioner is validly nominated candidate and be pleased to direct the respondent No.2 to take all consequential actions as if the petitioner is validly nominated candidate;

C. Be pleased to pass such other and further order as may be deemed fit