LALSINH JESANGJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Dipen A. Desai, learned counsel for the petitioner, Ms. Jirga Jhaveri, learned Assistant Government Pleader appearing for respondent Nos.1 & 2 and Ms. Avani Thakker, learned counsel appearing for respondent No.3.

(2.) By means of this writ petition, the petitioner has challenged the order dated 05.07.2011 passed by the Election Officer by which he has rejected the objection of the petitioner against inclusion of the name of Shree Nagvasan Telibiya Utpadak Seva Sahakari Mandli Limited - respondent No.3 Society in the voter list for the election of Siddhpur Taluka Cooperative Purchase and Sales Union Limited.

(3.) Counsel for the petitioner has urged that two Co-operative Societies, namely, respondent No.3 and Nagvasan Seva Sahakari Mandli Limited were amalgamated by order dated 23.03.2011 passed by the District Registrar, Co-operative Societies, Patan. Further condition was imposed that the amalgamation would take effect from the date the registration of the respondent No.3 Society is cancelled. Learned counsel for the petitioner has urged that once an amalgamation order is passed by the District Registrar, Co-operative Societies under Section 17 of the Gujarat Co-operative Societies Act, 1961 (for short 'the Act'), Section 18 of the Act would take effect and where the amalgamation has taken place, the registration of such Society shall be cancelled which has been amalgamated in another Society. According to learned counsel for the petitioner, cancellation of registration is a mere formality and even if the registration has not been cancelled, name of both the Societies which have amalgamated could not be included in the voters list.