ORDER : 1. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India seeking following reliefs: “WHEREFORE, it is respectfully prayed that the Hon’ble Court be pleased to allow the Writ Petition & issue: a. A writ in the nature of CERTIORARI or any other writ or direction of the like nature and thereby quash the impugned direction/order dated 05.05.2020 passed by respondent No.1 in file No KRA MAA EE /04/CHUNAVANE/2020 in as much as it pertains to APMC Shorapur reflected at Sl. No.4 in the annexure to the impugned order as at Annexure–C to the writ petition, in the interest of justice. b. Issue a writ in the nature of MANDAMUSor any other writ or order of the like nature directing the respondents to consider the representations of the petitioners dated 15.05.2020 as at ANNEXURE–D and D1 respectively in the interest of justice. c. To pass any other order as this Hon’ble court deems fit under the facts and circumstances of the case, in interest of justice and equity.” 2. The case of the petitioners is that petitioner No.1 is the elected member from Hadnoor Agriculturist Constituency of Agriculture Produce Market Committee, Shorapur. Petitioner No.2 is the elected member from Devapur Agriculturist Constituency of Agriculture Produce Market Committee, Shorapur. Soon after the constitution of the Market Committee of APMC, Shorapur as per Section 11 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (hereinafter, referred to as ‘the Act’), the election to the office of Chairman and Vice-Chairman (Adhyaksha and Upadhyaksha) were held on 09.02.2017 and the term of said office was for a period of 20 months and is due to expire on 08.06.2020. 3. It is further case of the petitioners that respondent No.1 has issued a direction dated 05.05.2020 to the Deputy Commissioner of Kalaburagi Division to hold election to the post of Chairman and Vice-Chairman . Pursuant to that direction, the Tahsildar, Shorapur has issued a notice dated 19.05.2020 for holding election to the post of Adhyaksha and Upadhyaksha of APMC, Shorapur. Being aggrieved by the same, the petitioners are before this Court. 4. Respondents have filed an application for vacating interim order along with affidavit, which reads as under: “03. I state that, the interstate and inter district transport facility has been relaxed and the condition for the movement of public have also been relaxed considerably. 04. Being aggrieved by the same, the petitioners are before this Court. 4. Respondents have filed an application for vacating interim order along with affidavit, which reads as under: “03. I state that, the interstate and inter district transport facility has been relaxed and the condition for the movement of public have also been relaxed considerably. 04. I state that, the APMC elections are to be held at different district i.e. Kalaburagi, Raichur, Yadgiri, Koppal, Bidar, Bellary. In about 19 APMC Committees, the elections are to be held. Some of the APMC Committees elections have already been completed on 02 & 03.06.2020. In no place elections have been stayed for the prevalence of COVID19. The State the Government is trying to carry out its activities under the different Departments in compliance with the norms laid down for social distancing. 05. I state that, the authorities are well prepared to conduct the elections maintaining social distancing. 06. I state that, when the Government is giving permission for conducting of marriages with 50 persons then conducting of elections maintaining social distance would not be a health hazard. 07. I state that, in this particular APMC Committees there are only 16 persons who are to cast their vote, hence approaching these members by the contesting candidates, excluding the contesting members there only to be 14 members to approach. Hence, it would not be a difficult task for the contesting members to express their views and to collect the views of the 14 voters. 08. I state that, these are not the elections where there would to be mass gathering and where the difficulty of social distancing would arise. 09. I state that, though the State is battling COVID19, still the activities of the State Government, which can be conducted by social destining have started. Hence, no purpose is to be served by stalling elections only for the reasons that the petitioners are not able to contact the voters and know their views and the said reasons being unsustainable as maintaining social distancing the petitioners can contact the voters and they also can talk to them through phones. Hence, for the above stated reasons, the Stay granted may kindly be vacated and the respondents be permitted to conduct the elections, in the interest of Justice and equity.” 5. Hence, for the above stated reasons, the Stay granted may kindly be vacated and the respondents be permitted to conduct the elections, in the interest of Justice and equity.” 5. Sri Shivanand Patil, learned counsel appearing for the petitioners has contended that the whole nation is under grip battling a deadly virus COVID19 and is under lockdown since 23.03.2020 and the petitioners are contesting for the post of Adhyaksha and Upadhyaksha. Under these circumstances, if the election is conducted, they cannot meet and obtain the view of each and every member of the Committee, who are all stationed at different places and he further submitted that in view of the lockdown and prohibition of all kinds of transport, it would not possible for the petitioners to meet members of Committee. Under these circumstances, conducting election to the post of Adhyaksha and Upadhyaksha, APMC, Shorapur is against to the right guaranteed to the petitioners under Article 21 of the Constitution of India. He further contended that they have to conduct election after following certain procedure prescribed under Section 41 of the Act. Without following that procedure, the authority has issued a notice for conducting election. Hence, he sought for allowing the writ petitions. 6. Per contra, learned Government Advocate appearing for the State reiterated the contentions taken in an application filed for vacating interim order and also she has further contended that in view of notification and guidelines issued by Government for relaxation of lockdown, now there is no any prohibition for the petitioners to travel from one district to another district and she further contended that the election will be conducted after following due process of law. Hence, she sought for dismissal of the writ petitions. 7. Heard learned counsel for the parties. Perused the writ petitions. 8. It is not in dispute that the petitioners are elected members of APMC, Shorapur. The election to the office of Chairman and Vice-Chairman of the said Market Committee of APMC, Shorapur was held on 09.02.2017. As per Section 42 of the Act, the term of Chairman and Vice-Chairman is for a period of 20 months. 9. Section 41 of the Act is provided for conducting election to the office of Chairman and Vice-Chairman of APMC Committee. Section 41 of the Act reads as under: “41 (2). As per Section 42 of the Act, the term of Chairman and Vice-Chairman is for a period of 20 months. 9. Section 41 of the Act is provided for conducting election to the office of Chairman and Vice-Chairman of APMC Committee. Section 41 of the Act reads as under: “41 (2). [Within fifteen days from the date of] the constitution of a market committee under Section 11 or on its reconstitution, a meeting thereof shall be called by the prescribed officer who shall himself preside over the meeting but shall have no right to vote. At such meeting a member representing an agriculturists’ constituency shall first be elected as the Chairman and thereafter another member representing another agriculturists’ constituency shall be elected as Vice-Chairman in the manner hereinafter provided. (2A) At the meeting.— (a) candidates for the office of the Chairman [or, as the case may be, the Vice-Chairman ] shall be proposed by one member and seconded by another. The names of all members proposed and seconded shall be read out by the Presiding Officer; (b) if any candidate desires to withdraw, he may do so in writing. The names of the contesting candidates shall then be read out by the Presiding Officer; (c) if there is only one candidate, he shall be declared to have been elected as the Chairman [or, as the case may be, the Vice-Chairman ]. If there are two or more candidates, votes of the members present at the meeting shall be taken by ballot and the candidate securing the highest number of votes shall be declared to have been elected as the Chairman [or, as the case may be, the Vice-Chairman ; (d) in case of equity of votes, the result shall be decided by drawing lots. (3) Where a Chairman [or the Vice-Chairman ] has to be elected on account of the vacancy occurring in the office of the Chairman [or the Vice-Chairman ], the meeting for such election, shall be convened by the prescribed officer and the election held in the manner specified in subsection (2).” 10. It is very clear from the above said provision that these are the procedure to conduct election to the office of Chairman and Vice-Chairman of APMC Committee. It is very clear from the above said provision that these are the procedure to conduct election to the office of Chairman and Vice-Chairman of APMC Committee. If there is any violation of subsections (1), (2) and (3) of Section 41 of the Act, as per Section 41 (4) of the Act, the remedy is available for the members to challenge the same by filing an election petition before District Judge, having jurisdiction over the area in which the office of the market Committee is located and as per Rule 45 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Rules, 1968, any member of the Committee may challenge the validity of the election of the Chairman or Vice-Chairman , as the case may be, within seven days from the declaration of the result of election under Section 41 of the Act by filing an election petition before the District Judge having jurisdiction over the area in which the office of the market Committee is located. Therefore, if there is any violation of subsections (1), (2) and (3) of Section 41 of the Act, the petitioners have remedy under Section 41 (4) of the Act by filing an election petition before the competent District Judge. 11. In respect of second contention of the petitioners is concerned, in view of COVID19 pandemic, in the month of March – 2020, Government has issued Circular lock downing the entire country and prohibiting all kinds of transport. Subsequently, the Government has issued a circular and notification stating that the interstate and inter district transport facility has been relaxed and the condition for the movement of public have also been relaxed. There are hardly 16 members in the APMC who are the voters. Therefore, there is no difficulty for the petitioners to obtain view of each and every member and also Government has specifically stated in the affidavit that in about 19 APMC Committees, elections have to be held. In some of APMC Committees, the elections have already been held after following SOP and guidelines issued by the Government and also they have assured before this Court that the elections will be conducted by maintaining social distance. Hence, second contention of the petitioners is also unsustainable. Hence, the writ petitions are devoid of merit and are accordingly dismissed. 12. In some of APMC Committees, the elections have already been held after following SOP and guidelines issued by the Government and also they have assured before this Court that the elections will be conducted by maintaining social distance. Hence, second contention of the petitioners is also unsustainable. Hence, the writ petitions are devoid of merit and are accordingly dismissed. 12. In view of disposal of the petitions, I.A.No.1/2020 filed for vacating interim order does not survive for consideration and the same is dismissed.