HARJIBHAI AJABHAI CHAUDHARY Vs. ELECTION OFFICER OF SABARKANTHA JILLA SAHAKARI KHARID VECHAN SANGH LTD. DISTRICT

JUDGEMENT

(1.) This Court passed the following order on 22/12/2020:

(2.) At the outset, learned advocate Mr. Ashish Shah for the petitioner submitted that pursuant to the aforesaid order, respondent No.2 is declared elected uncontested. It was therefore submitted that nomination of the petitioner to participate in the election of the Managing Committee of the respondent No.3 now would assume significance as the same was contrary to the decision in case of Kanubhai Manibhai Patel vs. State of Gujarat rendered in Special Civil Application No. 14199 of 2014 dtd. 13/10/2014 which clearly covers the issue in favour of the petitioner to the effect that the Election Officer cannot enter into roving inquiry and therefore, order rejecting nomination of the petitioner is required to be quashed and set aside and consequent election of respondent No.2 as uncontested candidate would also be quashed.

(3.) On the other hand, learned advocate Mr. Dipen Desai for respondent No.2 submitted that the grievance of the petitioner is required to be redressed by preferring election petition under sec. 145U of the Gujarat Co-operative Societies Act,1961 [for short 'the Act,1961'] read with Rule 82(c) of the Gujarat Specified Co-operative Societies Elections to Committees Rules,1982 [for short 'Rules,1982'].