PATEL VIPULBHAI KANTIBHAI Vs. ELECTION OFFICER FOR THE KHEDA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LIMITED

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for holding the action of respondent No.1 in not accepting the objection filed by the petitioner, is illegal and bad. Direction is to declare the action of acceptance of the nomination paper of respondent No.3 by respondent No.1 as illegal with further declaration that respondent No.3 is disqualified to contest the election of respondent No.2 Union, so also the nomination form of respondent No.3 as invalid nomination.

(2.) The brief facts as culled out from the petition are that respondent No.2 is a specified co-operative society registered under provisions of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as 'the Co-operative Societies Act , 1961'). Respondent No.2 being specified co-operative society, elections are conducted as per the provisions of the Gujarat Specified Co-operative Societies Election to Committee Rules, 1982 (hereinafter referred to as 'the Election to Committee Rules, 1982'). It is the case of the petitioner that respondent No.1, i.e. Election Officer for the Kheda District Co-operative Milk Producers Union Limited issued a notification dated 30.7.2020 declaring the election programme of the union. As per the notification, nominations were to be filed between 6.8.2020 to 13.8.2020, followed by publication of list of candidates on the same date. The date of scrutiny of the nomination form was 14.8.2020 and the list of eligible candidate was to be published on the same date. Rest of the factual aspects since are not relevant for the present petition, the same are not referred to.

(3.) The petitioner has been included as a voter in the election of respondent No.2, i.e. Kheda District Co-operative Milk Producers Union Limited, Anand for Dumral constituency and is also contesting the election for the member of managing committee of respondent No.2. Respondent No.3 is also contesting the election for the same post and has submitted her nomination form for ongoing election process from the Piplata constituency. It is the case of the petitioner that Shri Vasantbhai Dharmsinh Parmar and Shri Kanaksinh Dharmsinh Parmar, sons of the petitioner, are working with respondent No.2 Union and therefore, there is a direct interest involved of respondent No.3 in respondent No.2 Union. Thus, respondent No.3 is not qualified to contest the election of respondent No.2 as per the bye-law No.17.2.6 of respondent No.2 read with Rule 32(1)(b) of the Gujarat Co-operative Societies Rules, 1965 (hereinafter referred to as 'the Co-operative Societies Rules, 1965').