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APMC is a local authority as per section10 of the act and established on democratic principles. That, the interpretation of provisions of the act is required to be made to subserve the object of the act and not to defeat it. It is required to be seen that the election process is free, fair, transparent and participative and not aimed to disenfranchise legitimate voters.

(a) Election disputes ("Hands off' approach by the Courts) Unlike the election of other local authorities, the preparation of voters list is integrated part of election process in the election of APMCs as the preparation of voters list and holding of election are jointly conducted by the authorized officer in case of election of APMCs.

      C/LPA/1821/2019                                    JUDGMENT DATED: 22/11/2021




63      As early as in 1986, in the Patan Proper Fal and Shak Bhaji Kharid

Vechan Sahkari Mandli Ltd. v. Pali Shak Bhaji and Fal Ful Adi Ugarnaraoni Kharid Vechan Sahkari Mandli Ltd. [1986 GLH 430], a Division Bench of this Court pronounced as under:

"28. ..........In that view of the scheme of the Act, we are of the opinion that the preparation of electoral roll is an integral part of the process of election. If that is so, the question as to whether the roll should be modified at the instance of persons claiming to be voters or at the instance of persons objecting to the inclusion of the names of some persons in the voters' list is a matter relating to election, and having regard to the fact that it is a right conferred under the Act for which a special remedy has been provided, the Court should not exercise the jurisdiction in the matter since there is a provisional finality in the matters pertaining to various stages of election and therefore, having regard to the recognized principle in the matter of public importance that election should be concluded as early as possible according to the time schedule and all controversial matters as well as disputes arising out of the election including the right to vote or stand as a candidate should be postponed till after the elections are over so as to avoid impediment or hindrance in the election process, does not arise (sic). In that view of the matter, therefore, we are of the opinion that this Court should not exercise the jurisdiction under Art 226 of the Constitution by interfering at this stage with the election process. In the view which we have taken on this first question, it is not necessary to go into the second question of each of these appeals."

66 In 2004, in Kanubhai Chhaganbhai Patel v. Director of Agricultural Marketing and Rural Finance Gandhinagar and Others [2004 (3) GLR 2718], a Division Bench of this Court took the view that, in view of the efficacious remedy provided in Rule 28 and since election process was at a very advance stage, interference with the election process was not warranted. It was opined that entertaining the petitions at that stage would, in view of the procedure involved in hearing of the petitions and the proximity of the voting dates, would have the effect of interrupting, obstructing or protracting the election proceedings. The nature of issues arising from the decisions of the election officers on the C/LPA/1821/2019 JUDGMENT DATED: 22/11/2021 acceptance or rejection of nomination papers would require enquiry into the questions of fact. Therefore, following the ratio in Election Commission of India v. Ashok Kumar and Others [AIR 2000 SC 2979], the Court opined that judicial remedy was required to be postponed till after completion of the proceeding in election.

"31. .... .... ....

"31.1. .... .... ....

"32. We have gone through the aforesaid decisions closely. There C/LPA/1821/2019 JUDGMENT DATED: 22/11/2021 cannot be any dispute with regard to the principles laid down therein. The sum and substance of those decisions apply to a situation where this Court would like to entertain a petition on the foundation that the order is ultra vires and/or without jurisdiction and/or is violating principles of natural justice. Thus, in an exceptional case, this Court can exercise the power of judicial review, which is a basic structure of the situation (sic) in such cases more particularly, in the election process. One thing is clear that this Court ordinarily would not like to exercise its power under Article 226 of the Constitution when the process of election has been set in motion even though there may be some alleged illegality or breach of rules while preparing the electoral roll.