TARAK ISHWARBHAI JEVTABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard learned counsel Mr. V.C. Vaghela for the petitioner and Mr. Dipen Desai for respondent Nos.3 to 8, 13,14,16 to 23, 25 and 26 and learned Assistant Government Pleader Ms. Jirga Jhaveri for the respondent No.1.

(2.) THE provisional voter list was published by the Election Officer on 7.4.2011 and objections were invited on the voter list. THE petitioner filed objection that inclusion of societies mentioned as respondents No. 4 to 26 was illegal as these societies were Gopalak Societies and they could not be included in the constituency of the Credit Co-operative Society as per bye-law No.37(1) of the Deodar Taluka Purchase and Sales Union Limited at Deodar, District Banaskantha (for short, 'the Union') . THE objection filed by the petitioner has been rejected by the Election Officer by order dated 25.4.2011 by applying some of the provisions of the Agricultural Produce Market Committee Act,1963.

(3.) THE learned counsel for the petitioner placed reliance on Section 12 of the Gujarat Co-operative Societies Act, 1961, which provides for classification of the society by Registrar. THE classification of the society under any head of classification by the Registrar, as he thinks fit, is final. THErefore, the societies which have been included as per bye-law No.37(1) and bye-law No.37(2) of the Union are final. THErefore, the inclusion of respondent societies by the Election Officer in the year 2001, 2004 and 2008 was final and therefore, in this election, the same position will continue as per the final voter list. However, after rejecting the objection of the petitioner, final voter list has been published. Now, the next step is declaration of election program.