Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.

ORDER :

ANIRUDDHA P. MAYEE, J.

1. The present Special Civil Applications are filed praying for the following reliefs :-

“(A) Be pleased to issue a writ of mandamus or certiorari or a writ in the nature of certiorari or mandamus or any other appropriate writ, order or direction and be pleased to quash and set aside the impugned order dated 19.12.2024 passed by the respondent No.2 at Annexure-A to the present petition;

(B) Be pleased to issue a writ of mandamus or certiorari or a writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction and be pleased to declare the order of the respondent No.2 excluding the petitioner’s name from the voters list of Trader’s constituency of the elections of A.P.M.C. Borsad, ultra-vires to provisions of sec.11(1)(ii)of the act;

(C) Pending admission and final disposal of the present petition, be pleased to stay the implementation, operation and execution of the impugned dated19.12.2024 passed by the respondent No.2;

(D) Pending admission and final disposal of the present petition, be pleased to direct the respondent no.2 to provisionally include the name of the petitioner in the Revised Draft voter’s list and subsequently final voters list of agriculturist’s constituency for the elections of Borsad APMC.

(E) Be pleased to pass such other and further orders as may be deemed fit and proper.”

2. The brief facts of the petitions are as follows:-

2.1 The election of the Agriculture Produce Market Committee, Borsad (herein after referred to as “A.P.M.C., Borsad” for short) was required to be conducted on or before 20.06.2024 as the term of the previous body was to expire. Upon the expiration of the term, respondent No.1 appointed respondent No.3 as the administrator. Pursuant to the order passed by this Court in a writ petition filed by certain members of the superseded committee, the election of the market committee was declared. The petitioners, however, were not parties to the said writ petition and have derived their knowledge of the proceedings from news reports. Subsequently, on 12.11.2024, respondent No. 1, in the exercise of powers under Rule 4 of the Gujarat Agricultural Produce Markets Rules, 1965 (hereinafter referred to as “A.P.M.C. Rules” for short) declared the election programme. Further, respondent No. 1 appointed the respondent No. 2 as the authorized officer and respondent No. 3 as the Election Officer to conduct the elections.

2.2 That the petitioners are traders and possess the requisite license for the present year as well as three years preceding the year of election.

2.3 In SCA No.17588 of 2024, the petitioner have paid Rs.11,21,724/- as market cess fees for the year 2021-22. The said amount is paid on 18.04.2022 for the entire year. The petitioners have paid market cess fees of Rs.11,03,885/ for the year 2022-23. The same is paid in installment of Rs.7,00,000/- on 10.03.2023 and Rs.4,03,885/ on 05.05.2023 for the period of 01.04.2022 to 31.03.2023. The petitioners have paid Rs.9,26,433/ as market cess fees for the year 2023-24. The petitioners have paid Rs.3,18,055/ on 07.12.2023 and Rs. 6,08,378/- on 24.04.2024 for period of 01.01.2023 to 31.03.2024. That the petitioners have also deposited advance cess fees of Rs. 1,00,000/- for the current year transactions. However, the Secretary of the market committee had called the petitioners and returned the advanced cess fees. Thus, the petitioners had paid the market fees in advance and therefore, are entitled to inclusion in the voters list for the Traders’constituency.

2.4 In SCA No.17586 of 2024, the petitioner has paid Rs.1,80,992/- as market cess fees for the year 2021-22. The said amount is paid on 31.03.2022. That the petitioner has paid market cess fees of Rs.3,43,004