GOVINDBHAI MERABHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petition has been filed by the petitioner challenging the order dated 18.08.2020 passed by the respondent No. 2, the Election Officer and Deputy Collector of Sanand Prant, Sanand, District Ahmedabad rejecting the nomination form of the petitioner and allowing the objections filed by the respondent No. 4.

(2.) As per the case of the petitioner, he is the Chairman of the Cooperative Society affiliated with the respondent No. 4 society, and therefore, the said society is a member and an affiliated society. The society of the petitioner is engaged in agricultural activities. The respondent No. 3 is a specified society engaged in the purchase and sale of agricultural produces so as to facilitate and benefit the members in procuring and selling agricultural produces.

(3.) On 23.07.2020, the respondent No. 2 as the Election Officer published a programme of election on 06.08.2020 as provided in the Rule 16 of the Gujarat Specified Cooperative Society Election to Committee Rules, 1982 hereinafter referred to as 'the said Rules'). According to which, the last date for filing the nomination form was 17.08.2020 and scrutiny of the said form was to be made on 18.08.2020. The result of the election was to be declared on 29.08.2020. It is further case of the petitioner that he having filled in the nomination form, on 17.08.2020, he received a notice issued by the respondent No. 2 calling upon him to submit his explanation with regards to the objections raised by the respondent No. 4. The petitioner, therefore, submitted his reply on 18.08.2020 to the respondent No. 2, however the respondent No. 2 vide the impugned order dated 18.08.2020 allowed the objections raised by the respondent No. 4 and rejected the nomination form of the petitioner on the ground that there was a breach of Rule 232)a) of the said Rules. Being aggrieved by the same, the present petition has been filed.