SHRI FATEHPURA MILK PRODUCERS COOPERATIVE UNION LTD Vs. THE JODIYA KHERALU DUDH UTPADAK SAHAKARI MANDLI LIMITED

JUDGEMENT

(1.) This is an application preferred by the applicant-third parties, where, applicant No.1 is Shree Fatehpura Milk Producers Cooperative Union Limited, Village: Fatehpura, Taluka: Kheralu, and is a member of the federal society named as Mehsana District Cooperative Milk Producers' Union Limited, whereas, applicant No.2 is nominated as the representative of Shree Fatehpura Milk Producers Cooperative Union Limited to vote in the ensuring elections of the Mehsana District Cooperative Milk Producers' Union Limited. Applicant No.2 is authorized to vote and contest the election of the post of the committee member and the nomination is filed by Applicant No.2 for contesting the election and the record of nomination form is also enclosed with the said application.

(2.) It is the say of the applicants that opponent No.1-the Jodia Kheralu Limited Society's name is shown as voter, at Sr. No. 101, into the same constituency, where, applicant No.1 is a member. Applicant No.2 has also registered objections to the nomination form filed by Mr. Vipul Mansingbhai Chaudhary, who is authorized by opponent No.1; on the ground that Mr. Vipul Chaudhary is not eligible to contest the election. The applicant No.2 has registered these objections on 21.12.2020.

(3.) On the ground that Mr. Chaudhary is not the resident of Village: Jodia, Taluka: Kheralu, it is objected that opponent No.1 has made him a member to facilitate him to contest the election from Kheralu seat. It is, further, urged that opponent No.1-Society is not possessing audit Class- A, as per the information of the applicants. It is averred that as per by- laws No.48(2)(A)(2)(Z) of the Mehsana District Cooperative Milk Producers' Union Limited, i is necessary for the Society to possess Class- A or Class-B for its nominee to be eligible to contest election. According to the applicants, the outcome of this writ-petition would have a direct effect on the objections submitted by applicant No.2, against the nomination of Mr.Chaudhary. The applicant's say is that as per the by- laws No. 48(2)(A)(2)(Z), a Member Society, who has audit Class-C and D, cannot send its representative as a candidate to contest the election. Therefore, the applicant is a necessary and a proper party, inasmuch as, the outcome of this application would straightaway affect the applicants. An oral request had been made by the applicant, before this Court, for providing the hearing with an undertaking to file a civil application, as applicant No.2 was required to remain present for registering the objections.