The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226, and highlighted the availability of an efficacious remedy through an election petition under Rule 28 of the Rules, 1965.

ORDER :

1. The present writ application has been filed under Article 226 of the Constitution of India, seeking the following reliefs :-

“(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the order dated 15.11.2021 passed by Authorised Officer ordering to delete the names of the writ-applicants from the voter's list of agriculturists constituency for the election of APMC, Vankaner for the reasons stated in the Memo of petition and in the interest of justice;

(B) Pending admission, hearing and final disposal of the above Special Civil Application to stay the execution, implementation and operation of the order dated 15.11.2021 passed by the Authorised Officer ordering to delete the names of the writ-applicants from the voter's list of agriculturists constituency for the election of APMC, Vankaner and further be pleased to direct the Authorised Officer to continue the names of writ-applicants in the voter's list for agriculturists constituency for the reasons stated in the memo of petition and in the interest of justice;

(C) To grant ad interim relief in terms of Para 23(B) hereinabove; (D) The Hon’ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require;

(E) To award the cost of this petition.”

2. The brief facts giving rise to the present writ application, which read thus :-

2.1 The writ-applicants are agriculturists of village Tithva, Taluka Vankaner, District Morbi. The writ-applicants are members of the Tithva Seva Sahkari Mandli Ltd. The writ-applicants are elected members of the Tithva Seva Sahkari Mandli Ltd. The election of the AMPC, Vankaner came to be declared by the Director, APMC on 13.10.2021 under Rule-4 of Gujarat Agriculture Produce Markets Rules, 1965. The election program of the said election came to be declared by APMC on 13.10.2021. The APMC, Vankaner has prepared the voter's list and the same was forwarded to the Authorised Officer and on receipt of voter's list from APMC, Vankaner, primary voter's list published on 29.10.2021. As per Rule 7(2) of the APMC Rules, the names of the writ-applicants were included in the primary voter's list in the agriculturist constituency as members of the Managing Committee of Tithva Seva Sahkari Mandli Ltd. the respondent nos.4 and 5 have raised objection on 01.11.2021 against inclusion of names of the writ-applicants in the voter's list and the Authorised Officer issued notice dated 01.11.2021 calling upon the writ-applicants to remain present for hearing and submit their explanation. The writ-applicants submitted their reply to the said notice on 08.11.2021. The writ-applicants contended that they were never removed as members of the Managing Committee of the society i.e. Tithva Seva Sahkari Mandli Ltd. in its meeting dated 25.09.2020 decided not to remove the writ-applicants as members of the Managing Committee for not remaining present for three consecutive meetings. It is further stated that the society held that the writ-applicants have not incurred disqualification under byelaw no.40(3).

2.2 Though the writ-applicants filed their reply and remained present for hearing before the Authorised Officer, by the impugned order dated 15.11.2021, deleted their names from the voter's list of agriculturist constituency for the election of APMC, Vankaner. It is further stated that thereafter, the District Registrar, Morbi, passed an order dated 15.11.2021 removing the name of the writ-applicants from Managing Committee of Tithva Seva Sahkari Mandli Ltd. The said order was received by the writ-applicants on 24.11.2021.

3. Heard Mr. B.T. Rao, the learned advocate appearing for the writ-applicants.

4. Mr.B.T.Rao, the learned advocate submitted that the order dated 15.11.2021 deleting the names of the writ- applicants passed by the Authorised Officer from the voter's list of agriculturist constituency for election of APMC, Vankaner is