JAYESHBHAI CHIMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ application is filed under Article 226 of the Constitution of India challenging the order dtd. 18/1/2022 passed by the respondent no.2 Election Officer and Deputy Collector, whereby the respondent no.2 rejected the objection raised by the writ applicant no.1 against the nomination form of the respondent no.3 in the election of Kheda District Central Co-operative Bank Limited.

(2.) The brief facts leading to the filing of the present petition are that the Kheda District Central Cooperative Bank Limited (for short "the bank") is a specified society within the meaning of Sec. 74C of the Gujarat Cooperative Societies Act, 1961 and the election of the said society is to be conducted by the respondent no.2 Election Officer and Deputy Collector in consonance with the provisions of Chapter XI of the Gujarat Cooperative Societies Act, 1961 r/w. Provision of Gujarat Specified Cooperative Societies Election to Committee Rules, 1982 (for short "Rules 1982"). It is stated that the name of the writ applicants came to be included in the provisional voters' list for the election of the Bank, which was duly published by public notice dtd. 24/1/2021 and names of the writ applicants were included as delegate of the society. It is stated that the respondent no.3 raised objection against the membership of the writ applicant no.1 and pursuant to the said objection, the District Registrar passed order dtd. 30/12/2021 directed the society to remove the name of the writ applicant no.1 as a member. On the basis of the said order, the Election Officer vide order dtd. 10/1/2022 deleted name of the writ applicant no.1 from the voters' list. It is stated that the writ applicant no.1 challenged the said order before the Additional Registrar (Appeals) and vide order dtd. 10/1/2022 the Additional Registrar (Appeals) rejected the stay application.

(3.) In view of the above, the writ applicants approached this Court by filing Special Civil Application No.925 of 2022 and this Court by the order dtd. 17/1/2022 issued notice and by way of ad interim relief stayed the order dtd. 30/12/2021 passed by the Deputy Registrar. It is stated that the respondent no.3 filed nomination form from the said constituency. The writ applicant no.1 raised objection against the nomination of respondent no.3 on the ground that he was disqualified from contesting the election as he was a defaulter in Kapadvanj Nagrik Cooperative Credit Society. It is further stated that the respondent no.2 Election Officer rejected the objection raised by the writ applicant no.1 and accepted the nomination of respondent no.3.