Gujarat High Court
Agriculture Produce Market Committee - ... vs State Of Gujarat & on 27 June, 2017
Author: Anant S.Dave
Bench: Anant S. Dave
R/CR.MA/15181/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 15181 of 2012
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AGRICULTURE PRODUCE MARKET COMMITTEE - UNJHA &
15....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR BS PATEL, ADVOCATE for the Applicant(s) No. 1 - 16
(MR BIREN A VAISHNAV), ADVOCATE for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 2
MR KP RAVAL ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 27/06/2017
ORAL ORDER
1. Heard learned advocates for the parties.
2. This petition under Section 482 of the Code of Criminal Procedure, 1973 is filed with following prayers:
"6(A) Your Lordships may be pleased to quash and set aside the FIR bearing CR No.II- 214/2012 registered with Unja Police Station for the alleged offence punishable under section s188 and 171C of the Indian Penal Code, at Annexure "A" to the petition;
(B) During the pendency, hearing and final Page 1 of 6 HC-NIC Page 1 of 6 Created On Sun Aug 20 05:51:07 IST 2017 R/CR.MA/15181/2012 ORDER disposal of the petition, your Lordships be pleased to stay the further proceedings in pursuance of the FIR at Annexure "A" to the petition;
(C) Be pleased to grant such other and further order/s as may be deemed, just and proper in the interest of justice;"
3. Petitioner No.1 is an Agriculture Produce Market Committee, Unjha which is constituted under the provisions of Gujarat Agricultural Produce Market Act, 1963. Certain facts about establishment of the Market Committee and the election, in which, the petitioner No.1 and other members were elected and in the meeting of the committee which was held in the year 2011 which was resolved that farmers who were cultivating their land for the produce of 'Jeera' and 'Saunf', they would be given seeds of subsidiary rate as well as there would be subsidy on the cultivation.
4. Having passed the resolution as above, an advertisement was issued in daily newspaper Divya Bhaskar on 8.10.2011 and 19.10.2012 whereby farmers and the members of the APMC were informed accordingly. For performing such an act as such there is no prohibition, statutory or otherwise or under the APMC Act, 1963 or any other State, statute. However, one C.R.No.II-214 of 2012 came to be filed on 19.10.2012 impugned in this petition for which, prayer of quashing is made under Section 171C and 188 of Indian Penal Code for election and particularly Page 2 of 6 HC-NIC Page 2 of 6 Created On Sun Aug 20 05:51:07 IST 2017 R/CR.MA/15181/2012 ORDER code of conduct for the State Assembly Election was in force w.e.f. 3.10.2012 such an advertisement was issued and the investigation was to commence accordingly.
5. Mr.Bharat Patel, learned advocate appearing for the petitioners would contend that petitioner No.1-Committee and its members have simply performed their statutory and their routine duties and there was no justification in invoking offences under Section 188 and 171C of Indian Penal Code. In addition to above, if the notification issued by the District Magistrate and code of conduct both do not prohibit such statutory duties to be performed by statutory authority and all explanations were rendered before competent authority that under which circumstances resolution was passed and an advertisement was given in a vernacular newspaper having wide circulation in the area only with a view to benefit farmers cultivating the crop of 'Jeera' and 'Saunf' which is the prime agricultural product in which Market Committee Unjha deals with. The same explanation was given to the Election Commission also and the present criminal proceedings initiated against the petitioners amount nothing but an abuse of process of law under the guise of breach of guidelines and/or mandate of the election commission, for which, powers under Section 482 of the Code of Criminal Procedure, 1973 be exercised and impugned proceedings be quashed and set aside.
6. As against above, Mr.K.P.Raval, learned APP would contend that if the resolution passed and an advertisement given by the committee on 8.10.2011 and 19.10.2012 are concerned, the guidelines/code of conduct Page 3 of 6 HC-NIC Page 3 of 6 Created On Sun Aug 20 05:51:07 IST 2017 R/CR.MA/15181/2012 ORDER and notification issued by District Magistrate, Mehsana prohibited any kind of advertisement which create hurdle in smooth conduct of election. All the candidates were directed to follow code of conduct which has genesis in the directions and orders issued by Election Commission of India and all were bound by such code of conduct. Any kind of meeting, deliberation or discussion pursuant to above code of conduct was prohibited and, therefore in the facts of this case, passing of resolution and issuing advertisement in the newspaper, by which, farmers were to be given certain benefits would amount breach of code of conduct and the notification issued by the Election Commission and District Magistrate respectively and, therefore, powers as prayed for under Section 482 of the Code be not exercised and the petition be dismissed and the stay be vacated.
7. Having heard learned advocates appearing for the parties and perusal of record including code of conduct and the circular dated 3.10.2012 issued by the office of the Chief Electrol Officer and notification issued under Section 37(1) (f) of Bombay Police Act, 1951 by District Magistrate, Mehsana nowhere clearly prohibits any statutory authority from performing its statutory duties or obligations as the case may be. So far Clause 11 of circular dated 3.10.2012 is concerned it is about not to undertake any propaganda or advertisement in the local newspaper so far to incur any expenses and public money shall not be utilized for such purposes. Barring the above, other clauses of the guidelines are pertaining to general instructions only for the purpose of conducting smooth Page 4 of 6 HC-NIC Page 4 of 6 Created On Sun Aug 20 05:51:07 IST 2017 R/CR.MA/15181/2012 ORDER elections of the assembly.
8. Clause 11 if carefully perused, the advertisement or propaganda is prohibited in the local newspaper or through any other medium at the cost of public exchequer is to see that such an advertisement is not to help the members of the ruling party during the course of election and the government machinery is not mis-used. If the resolution passed by the market committee on 1.7.2011 and two advertisement published subsequently in vernacular newspaper pertaining to providing assistance for seeds of 'Jeera' and 'Saunf' cannot be in any manner either be interpreted or to be understood in a manner that such advertisements were issued only with the object keeping in mind of helping or providing some assistance to ruling party. That members of the market committee are basically agriculturists and even if they have any political ideology or leaning in favour of either of the party, would not mean that decision to vote for either of the candidate of the party would be tainted by accepting such benefit, for which, resolution was passed, in which no discrimination was noticed. The Act of the petitioner- Market Committee and the members by providing assistance of good quality of seeds for 'Jeera' and 'Saunf' was for the members of the Market Committee irrespective of any active or dormant membership of the political parties or the candidate for which assembly election was held. If the petitioners are allowed to undergo criminal proceedings before the competent court it would amount undue and unjust harassment and further as held earlier, there was no breach of any of the clause of Page 5 of 6 HC-NIC Page 5 of 6 Created On Sun Aug 20 05:51:07 IST 2017 R/CR.MA/15181/2012 ORDER either code of conduct dated 3.10.2012 or the notification dated 4.10.2012, for which, criminal proceedings could not have been initiated under Chapter X of Indian Penal Code. Accordingly, the petition succeeds. The impugned complaint being C.R.No.II-214 of 2012 registered with Unja Police Station is hereby quashed and set aside. Rule is made absolute.
9. Order accordingly.
(ANANT S.DAVE, J.) SMITA Page 6 of 6 HC-NIC Page 6 of 6 Created On Sun Aug 20 05:51:07 IST 2017