DINESHBHAI MANORBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution India is filed for quashing and setting aside the impugned decision dated 01.07.2020 by respondent No.4 namely the Bharuch District Co-operative Milk Producing Union Limited (for short "Respondent No.4-Union"). It is also prayed in the petition seeking direction to respondent No.4 to follow the procedure for delimitation of constituencies for the purpose of ensuing election of managing committee of respondent No.4.

(2.) The petitioner has raised question of law as to whether Managing Director of the respondent No.4-Union has powers to decide the objections raised by the petitioner and to publish the final list of constituencies under the provisions of Rule 3-A(9) of the Gujarat Specified Co- operative Societies Election to Committees Rules, 1982 (for short "Election Rules, 1982"). The another question raised, inter alia, is that the term of the existing managing committee ends on 29.06.2020 and therefore, last accounting year of the registered member societies will be 2019-2020 however, the respondent No.4-Union has called for accounting records of the year 2018-2019, which is not in consonance with the Election Rules, 1982.

(3.) Learned advocate Mr. Dilip Rana appearing for the petitioner submitted that the petitioner is a member of the respondent No.4-Union. Last election of the managing committee of respondent No.4 was held on 29.06.2015. The result was declared on 30.06.2015. The term of the managing committee being for a period of five years was to end on 29.06.2020. Public notice was issued in the newspaper on 19.02.2020 by respondent No.4-Union informing the members inviting applications alongwith the resolutions appointing representatives and necessary documents. On 09.03.2020, notice was issued in newspaper for preparing provisional list of constituencies for ensuing election to the managing committee under Rule 3-A of the Election Rules, 1982 and invited objections and instructions, if any.