JUDGMENT :

N.V.ANJARIA, J.

1. Heard learned senior advocate Mr. P.K. Jani with learned advocate Mr. Hriday Buch for the appellants, learned Advocate General Mr. Kamal B. Trivedi, assisted by learned AGP Mr. Vinay Vishen for the respondent State and its authorities and learned advocate Mr. Dhaval Vyas for respondent no.2, Director, Agricultural Produce Market Committee. Respondent No.3, Patan Agricultural Market Committee though served, has not opted to enter its appearance. Also heard learned advocate Mr. Dipan Desai, who is for the applicants wanting to join themselves in the proceedings of the present Letters Patent Appeal.

2. Preferred under Clause 15 of the Letters Patent, the challenge in this Letters Patent Appeal is addressed to judgment and order dated 20.12.2019 of learned Single Judge whereby he refused to interfere with the order of supersession of the Agricultural Produce Market Committee, Patan.

2.1 The captioned Civil Application No.1 of 2021 is filed by the appellants praying to produce additional facts and evidence in the appeal.

2.2 As the proceedings of Letters Patent Appeal and the Civil Application bear nexus in facts, they both are treated together for disposal by the present common judgment and order.

3. The appellants-original petitioners happen to be the elected members of the respondent no.3 Agriculture Produce Market Committee (APMC). It was order dated 21.11.2019 passed by the competent authority of the Agriculture and Co-operation Department in exercise of powers under Section 46(1) of the Gujarat Agricultural Produce Markets Act, 1963, superceding the APMC, which was brought under challenge in the Special Civil Application. Upon superceding the market committee, it was ordered to appoint the administrator to run and manage the affairs market committee.

3.1 The aforesaid order dated 21.11.2019 superceding the market committee was preceded by show-cause notice dated 06.08.2019. While the charges and allegations mentioned in the show-cause notice are referred to in their requisite details hereinafter, briefly stated, the charges related to alleged irregularity and illegalities in the tender process for purchasing the tarpaulin, in the tender for construction and renovation of the canteen and in respect of acquisition of the kitchen equipments etc., in grant and cancellation of licences, involvement and arrest of the Chairman of the Market Committee for the alleged offence under the Gambling Act. There was also a charge relating to payment of fees to the advocate, which was subsequently dropped.

3.2 The first charge was in relation to purchase of tarpaulin. It was alleged that the market committee proceeded to purchase 5000 tarpaulins though there was no need and that the purchase was made without prior approval of the Government required as per Resolution dated 10.04.2017. It was alleged that the tenders were issued without verifying the requirement; 28 parties submitted their bids; the market committee held negotiations with only four bidders. One of whom was M/s. Sarthi Agro Input, which had quoted lowest rate of Rs.1,750/- per piece.

3.2.1 It was alleged that the party named Shri Kushal Polymers was favoured and was awarded contract at the rate of Rs.1,850/- per piece. The order was placed worth Rs.92.50/- lakhs with the said party while not seeking prior permission of the State Government as required under the aforementioned resolution as well as market committee's resolution dated 23.06.2018.

3.2.2 It was the further allegation that the tarpaulin so purchased came to be distributed at the rate of Rs.1,400/- per piece, giving subsidy of Rs.450/- per piece to the member agriculturists. It was alleged that since the need of the tarpaulin was not verified, majority of the stock remained idle. 3.2.3 It was alleged that in spending for purchase of tarpaulin as above, the monetary limit was exceeded by the ma