(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Heard learned senior advocate Mr.B.B. Naik appearing with Mr.B.M. Mangukiya for the petitioners. The petition is filed by 11 petitioners, who are elected in election of Mahuva Taluka Kharid Vechan Sangh on 27th March 2012. As against that election to Agricultural Produce Market Committee, Mahuva was declared on 2nd February 2012. Detailed programme of the same is produced at Annexure 'A' to the petition. According to this programme final voters' list was to be published on 18th April 2012 and it is accordingly published wherein names of the erstwhile members of the Committee of Mahuva Taluka Kharid Vechan Sangh are included as voters. The learned senior advocate for the petitioners vehemently submitted that under Rule 6 of Gujarat Agricultural Produce Market Rules, 1965 (hereinafter referred to as "the said Rules") persons qualified to vote is defined in Rule 6 of the said Rules. Rule 6 of the said Rules reads as under:
"A person whose name is entered in a list of voters shall be qualified to vote at an election to which the list of voters relates, unless he has ceased to hold the capacity in which his name was entered in such list." (emphasis supplied)
2. The learned senior advocate submitted that admittedly the persons, whose names are entered in final voters' list after having lost in election of Mahuva Taluka Kharid Vechan Sangh 'ceased to hold the capacity in which their names were entered in the voters' list. The learned senior advocate submitted that soon after result was declared the petitioners filed representation before the authorities, i.e. on 3rd April 2012, a copy of which is produced at Annexure 'F', page 28. The learned senior advocate submitted that the authorities did not respond to the said representation and therefore, the petitioners had to approach this Court by filing the present petition.
On perusal of record it is noticed that the petition was filed on 19th April 2012, though the the same was affirmed on 20th April 2012. Be that as it may, after having filed the petition on 20th April 2012, the matter was listed before the Court on 24.04.2012. The learned senior advocate submitted that 21st and 22nd April 2012 were Saturday and Sunday respectively. On 24.04.2012 the matter was adjourned to 25.04.2012. On 25.04.2012 the matter was kept on 01.05.2012 by consent. The learned senior advocate further stated that the adjournment was granted at the behest of the learned AGP to enable him to take instructions in the matter.
3. The fact that the result of election of Mahuva Taluka Kharid Vechan Sangh was declared on 27.03.2011 and the petition was filed only on 19.04.2012 and it has reached effective hearing only today, viz. 1st May 2012, holds back this Court from granting any relief to the petitioners. In view of the aforesaid facts, the Court declines to entertain the petition. However, at the request of the learned senior advocate for the petitioners, it is observed that it would be open for the authorities to take necessary action in light of Rule 6 of the said Rules, wherein it is provided that, ' a person qualified to vote will be only if he does not cease to hold the capacity in which his name is entered in such list'.
4. With these observations the petition is disposed of. Direct service is permitted.
(RAVI R. TRIPATHI, J.) (G.B.
SHAH, J.) karim Top