GOHIL LAKHUBHAI NARSUNGJI REP. OF GUDEL ANAJ UTPADAK Vs. ELECTION OFFICER OF THE KHAMBHATT TALUKA PURCHASE AND SALES

JUDGEMENT

(1.) We have heard Mr.V.C.Vaghela, learned counsel for the petitioner, Mr.Dilip B. Rana, learned counsel for respondent No.3 and Mr.P.K.Jani, learned Government Pleader with Mr.N.J.Shah, learned Assistant Government Pleader for respondent No.1.

(2.) It is not disputed that the election for specified co-operative societies, as per Section 74 of the Gujarat Co-operative Societies Act, 1961 was to be held, as the term of the present committee expired on 14.10.2011. Election notification was issued by the Collector, Anand on 07.09.2011. The final list of contesting candidates was published on 08.10.2011 to fill-up 15 (fifteen) seats. One of the contesting candidates i.e. Shri Kahadsinh Halubhai Parmar died on 13.10.2011, due to which, the election was countermanded as per Rule-30 of the Gujarat Specified Co-operative Societies Election to Committees Rules, 1982 ('the Rules' for short). Rule-30 of the Rules is reproduced below:-

(3.) This Rule provides that those candidates, who had filled their nomination papers and whose nomination papers were found valid, at the time of the countermanding of the poll, they need not file further nominations. As per Rule-30(b) of the Rules, a person, who had withdrawn his candidature, shall also be eligible for nomination. Other person can file fresh nomination as the election will have to be commenced as a fresh election in all respects.