HARAKHBHAI HARIBHAI PATEL Vs. S S BARIA

JUDGEMENT

(1.) The petitioner by way of this petition under Article 226 of the Constitution of India, is challenging the order passed by the respondent No. 1 dated 21 -5 -2003 whereby the objections raised by the petitioner were rejected and respondents No. 2 to 10 were directed to cast their votes in the proposed election of Sankheda Jetpur Pavi Taluka Ginning Pressing & Cotton Sale Cooperative Society Limited (hereinafter referred to as "the Society"). The said order was passed by the respondent No. 1 in purported exercise of powers under Rule 6(4) of the Gujarat Specified Cooperative Societies Election to Committee Rules, 1982 (hereinafter referred to as "Rules").

(2.) It is the case of the petitioner that the petitioner is an elected delegate for the proposed election of the Society which is a specified Society under the provisions of Section 74 -C of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the Act"). The respondent No. 1, the Deputy Collector, while exercising powers of the Collector under Section 145 of the Act, issued Notification for the ensuing election of the Society, wherein the petitioner's name is reflected in the Voters' List as "delegate" in the individual Voters' List and also as the representative of Sadhali Group Vividh Karyakari Seva Sahakari Mandali Limited.

(3.) It is further stated in the petition that the respondents No. 2 to 10 Societies are under the management of Administrator appointed by the Registrar. As per provisions of Section 81 of the Act, the Administrator appointed is supposed to act according to the directions issued by the Registrar. The District Registrar, Cooperative Societies, Vadodara has appointed Baroda District Central Cooperative Bank Limited as an Administrator of respondents No. 2 to 10 Societies and thereafter the Bank has delegated powers of Administrator to concerned Inspectors of the Branch. The concerned Inspectors of the Branch are administering the affairs of the Societies.