The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.

JUDGMENT :

(BIREN VAISHNAV, J.)

1. Both these appeals filed under Clause 15 of the Letters Patent arise out of a common CAV judgement dated 02.08.2022, by which, the learned Single Judge quashed and set aside the orders dated 30.09.2021 passed by the Authorized Officer – respondent no.4 rejecting the objections raised by the petitioner against the inclusion of the names of the respondent Nos.5 to 28 from voters’ list of traders’ constituency as well as cooperative marketing societies’ constituency. In other words, by quashing and setting aside the orders, the private respondents whose names are included in the voters’ list by the impugned orders was set aside. Aggrieved by this, the private respondents – the beneficiary voters are before us challenging the aforesaid judgement.

2. Facts before the learned Single Judge. In order to avoid duplication, the facts set out by the learned Single Judge in the judgement under challenge are reproduced and read as under:

2.1 The petitioner society is holding license of the market committee and is eligible to cast vote in the elections of the APMC, Bhatiya. The petitioner is included in the voters’ list in traders constituency, so also the cooperative marketing constituency for the elections of the APMC, Bhatiya. The election of the APMC, Bhatiya came to be declared by the respondent no.3 vide order dated 13.08.2021. According to which, preliminary voter's’ list was published on 04.09.2021, provisional voters’ list was published on 22.09.2021 and final voters’ list was published on 04.10.2021 and the election was scheduled to be held on 22.11.2021.

2.2 It is the case of the petitioner as stated by the petitioner is that on the date when the elections were declared, there were only 14 license holders in the market committee and the details of the said license holders were sought by the respondent no.4 – Authorized Officer vide communication dated 24.08.2021 from the market committee. The APMC, Bhatiya vide its letter dated 31.08.2021 informed the respondent no.4 – Authorized Officer that there are 14 societies which are holding license in the market committee and there is no other society or trader, who is holding the license.

2.3 It is the case of the petitioner that when the preliminary voters’ list was published on 04.09.2021, only 14 societies / traders were included in the trader’s constituency, so also in the cooperative marketing societies’ constituency.

2.4 That after publication of the preliminary voters’ list, the respondent nos. 5 to 28 applied for license on payment of license fees in the market committee and license came to be issued on or about 20.09.2021 and it was applied to the respondent no.3 – District Registrar, Cooperative Societies, Devbhoomi Dwarka for grant of unified license. The said application came to be considered and granted license by the respondent no.3 to the respondent nos. 5 to 28 on 20/21.09.2021. It is further stated that, though, the respondent nos. 5 to 28 was granted license only on 20/21.09.2021 and though they are not qualified to be included in the voters’ list, the respondent no.4 – Authorized Officer included the names of the respondent nos. 5 to 28 in the provisional voters’ list published on 22.09.2021.

2.5 The petitioner raised objections before the respondent no.4 against the inclusion of the respondent nos. 5 to 28 in the provisional voters’ list pointing out that in view of the judgments of the High Court, no trader or a society can be included in the voters’ list, which have been granted license after declaration of election and the said inclusion is fraudulent and wrongful.

2.6 The respondent no.4 without affording an opportunity of hearing, straightaway passed the impugned order dated 30.09.2021 rejecting the objections of the petitioner and thereafter published the final voters’ list on 04.10.2021, whereby, the names of the respondent nos. 5 to 28 are continued in the final voters’ list of traders’ constituency.

2.7 It is further stated that the