MEHSANA DISTRICT CENTRAL CO OPERATIVE BANK LIMITED Vs. ELECTION OFFICER OF THE MEHSANA DISTRICT CENTRAL CO OPERATIVE BANK

JUDGEMENT

(1.) The Mehsana District Central Co-operative Bank Limited and others-petitioners have filed this petition challenging (originally) the order dated 5.7.2001 passed by the Election Officer of the said bank having its office at Mehsana-respondent No. 1 which relates to elections of the Board of Directors of the first petitioner bank. The said order has been passed in pursuance of the objections raised by respondent Nos. 8 to 11, namely, Dr. C.J. Chavda, Patel Shankerbhai Bhikabhai, Chaudhary Mahadevbhai Veljibhai, Patel Babulal Raichanddas against the provisional voters list. The said order has been challenged on various grounds including the same is contrary to provisions of Co-operative Societies Act and Rules and violative of Articles 14 and 19 of the Constitution of India. The petitioners have by amendment also challenged Notification dated 7.7.2001 issued under Rule 16 also on similar grounds.

(2.) The facts giving rise to this petition are as under:

(3.) Mr. K.G. Vakharia, learned senior counsel, ably assisted by Tushar Mehta appeared on behalf of the petitioners. He has invited my attention to various provisions of the Gujarat Co-operative Societies Act. He submitted that this Act, though called Gujarat Co-operative Societies Act, 1961, the present Amending Act and Rules regarding election of the directors to be held by the State Government only came into existence since the year 1982. Section 2(2) of the Co-operative Societies Act provides definition of bye-laws which means `bye-laws' registered under this Act and include registered amendments of such bye-laws. Section 2(3) defines `Central Bank' which means a co-operative bank, the objects of which include the creation of funds to be loaned to other societies. Section 2(7) defines `Co-operative bank' which means a society registered under this Act and doing the business of banking, section 2(13) defines `member' means a person joining in an application for the registration of a co-operative society which is subsequently registered or a person duly admitted to membership of a society after registration, section 2(14) defines `officer' means a person elected or appointed by a society to any office of such society according to its bye-laws, section 2(17) of definition provides for Registrar means a person appointed to be the Registrar of Co-operative Societies under this Act . Section 2(18) of the definition provides for `rules' which means rules made under this Act. He has also referred to Section 74C which provides provisions for conduct of elections committees and officers of certain societies and term of office of members of such committees. The petitioner bank falls within the definition of Section 74C of the Act. Section 74C of the Act reads thus: