The main legal point established in the judgment is that a writ petition under Article 226 of the Constitution of India is maintainable if the order is ultra vires or nullity and/or ex-facie without jurisdiction. Additionally, the Election Tribunal is not vested with jurisdiction to examine whether licenses were granted in accordance with the relevant provisions of the Act and the Rules.

JUDGMENT :

A.J. DESAI, J.

1. The present group of Appeals under Clause 15 of the Letters Patent arises from a common oral order dated 14.3.2023 passed by learned Single Judge accepting the petitions filed by the private respondent and quashing and setting aside the order dated 22.2.2023 passed by the Authorized Officer and Cooperation Officer (Markets), Chhotaudepur by which names of some of the members of original petitioner (private respondent herein), as voters in the Agriculture Produce Market Committee Bodeli, Tal. Sankheda, Dist. Chhotaudepur were removed from the voters' list accepting the objections raised by the present appellants treating that they are not agriculturists as per the Bye-laws of the said APMC.

2. The appeals were listed on 24.3.2023 and considering the publication of election programme of the APMC, Bodeli, notice was made returnable on 28.3.2023. On 28.3.2023, learned advocate Mr. V.C. Vaghela appeared for private respondents and requested for time and accordingly, the appeals were adjourned to 3.4.2023. Accordingly, the appeals were heard on 3.4.2023.

3. The short facts arise from the record are as under :-

3.1 That Director of Agricultural Marketing & Rural Finance, Gujarat State published the election programme of Agriculture Produce Market Committee, Bodeli on 18.1.2023. Part III of the Gujarat Agricultural Produce Market Rules, 1965 (hereinafter referred to as 'APMC Rules') provides the procedure for election of Market Committee. Under Rule 10 of the said APMC Rules, stages of election were declared in the said election programme issued by the Director of Agricultural Marketing & Rural Finance. Rule 7 of APMC Rules provides for supply of list of voters and for the present election in question, the list of voters for general election of APMC, Bodeli were to be supplied on 27.1.2023. As per Rule 7(2) of the APMC Rules, time to supply the preliminary voters' list was declared as 3.2.2023. As provided under Rule 8 (1) of APMC Rules, objectors may submit their reservations about inclusion and/or exclusion of the names in the preliminary voters' list.

3.2 The names of the original petitioners (private respondents herein) were included in the preliminary voters' list and, therefore, the present appellants raised objections against inclusion of some of the names of the present private respondent in each case before the Authorized Officer and Co-operation Officer (Markets) - respondent No.3 herein. The Authorized Officer and Co-operation Officer (Markets) by the order dated 22.2.2023 considered and accepted the objection by deleting the names of these persons which was subject matter of challenge before learned Single Judge.

3.3 Learned Single Judge after hearing the respective parties, accepted each petitions and quashed and set aside the order dated 22.2.2023 passed by Authorized Officer and Cooperation Officer (Markets) and directed to include the names of those members in the voters' list.

3.4 Hence these appeals.

4. Mr. Percy Kavina, learned Senior Counsel assisted by Mr. Dilip B. Rana, learned advocate appearing for the appellants has vehemently submitted that learned Single Judge has committed an error in quashing and setting aside the order dated 22.2.2023 passed by Authorized Officer and Co-operation Officer (Markets), who has after due consideration, found that those persons were not agriculturists and, therefore, learned Single Judge ought not to have interfered with the said order at the stage when the election process was going on.

4.1 Mr. Kavina would further submit that Section 11 of the Gujarat Agricultural Produce and Marketing (Promotion and Facilitation) Act, 1963 provides for (i) inclusion of those members in a Market Committee who are either agriculturists, whose names are enlisted in the voters' list published by the Election Commission of India for such market area who shall be elected by the members of managing committee of the Primary Agricultural Credit Cooperative Societies dispensing agri