KRISHNABEN MAHESHBHAI PADHARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the writ petitioners have prayed for following reliefs:

(2.) The writ applicants are the objectors and had filed their objection before the respondent authorities against the inclusion of the respondent no.3- Mandali in the preliminary voter list published on 23/5/2021. It appears that the writ applicants filed their objection against the inclusion of respondent no.3. It is the case of the writ applicants that respondent no.3 society is not constituted according to provisions of Sec. 74 but has been constituted through a process unknown to the provisions of the Act, Rules and Bye-laws inasmuch as neither the Act nor the Rules or Bye-laws provides for conducting the election of the members of the Managing Committee by permitting to form the panels and allotting a single symbol to such panel. It is the case of the writ applicants that the respondent authorities passed the impugned order dtd. 6/6/2022 rejecting the objection filed by the writ applicants on the ground that the application preferred by the writ applicants was accompanied only by the plaint of the suit filed before the learned Board of Nominees being Lavad Suit No. 8 of 2019 and same was not accompanied by any order passed by the learned Board of Nominees.

(3.) Heard Mr. PS Champaneri, learned advocate for the writ petitioners, Mr. VC Vaghela, learned advocate for the respondent no.3 and Ms. Nidhi Vyas, learned AGP for the respondent State authorities.