DIPAKBHAI DUDABHAI VALA Vs. COLLECTOR

JUDGEMENT

(1.) WE have heard the learned counsel for the parties. This petition has been filed by the petitioners praying the following reliefs:

(2.) LEARNED counsel for the respondents have raised preliminary objection that election of the Shri Bileshwar Khand Udyog Khedut Sahakari Mandali Ltd. (for short, ?the Society?) is scheduled to be held on 8.5.2011 as per the election programme. Since the election process has started this Court, under Article 226 of the Constitution of India, should not interfere with the process of election at this stage. LEARNED counsel for the petitioners have urged that this Court can look into the facts of the case and can decide the matter and if it comes to the conclusion that there is any gross illegality, this Court may interfere with the election process. We are not inclined to interfere at this stage with the process of election in view of the fact that election is fixed on 8.5.2011 and the petitioners have a remedy to file election petition under Section 145-U of the Gujarat Cooperative Societies Act, 1961.