GADHVI SURESHKUMAR MADANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs:

(2.) IT is the case on behalf of the petitioner that petitioner was an elected Director of respondent No.4 Bank which is a Specified Cooperative Society under the provisions of section 74C(1) of the Gujarat Cooperative Societies Act, 1961 [hereinafter referred to as "Act"]. That upon expiry of the term of the executive committee of the respondent No.4 Bank, the procedure for preparation of the list of voters commenced. That the respondent No.3 Election Officer published the election programme commencing from 23.09.2014 to 20.10.2014 [Annexure 'E']. It appears that name of the petitioner was sent to the Election Officer Prant Officer by the respondent No.5, to include his name in the voters' list as delegate of respondent No.5 Society. Accordingly, the name of the petitioner was included in the provisional voters' list as delegate of the respondent No.5 society on the basis of the requisite resolution passed by the respondent No.5 society, appointing the petitioner as its representative / delegate to participate in the ensuing election of the Board of Directors of the respondent No.4 Bank. That the provisional voters' list came to be published on 30.07.2014. It appears that even the name of the respondent No.6 herein was also included in the provisional voters' list at Sr.No.3 as representative / delegate of one Vandhol Gram Seva Sahakari Mandali Ltd. It appears that thereafter the respondent No.5 passed another resolution and changed its delegate and a resolution came to be passed to forward the name of the respondent No.6 as its delegate and accordingly the Prant Officer while preparing and publishing the final voters' list has included the name of the respondent No.6 in the voters' list as delegate of respondent No.5 cooperative society, in place of the petitioner. Being aggrieved and dissatisfied with the inclusion of the name of the respondent No.6 in the final voters' list as delegate / representative of the respondent No.5 cooperative society in place of petitioner, the petitioner has straightway preferred the present Special Civil Application under Article 226 of the Constitution of India for the aforesaid reliefs. At this stage it is required to be noted that as per the election programme published, even the last date for filing the nomination is 29.09.2014, the petitioner has preferred the present Special Civil Application at the last moment i.e. on 26.09.2014 and at the request of learned advocate appearing on behalf of the petitioner, matter was adjourned to 29.09.2014 and it is heard today.

(3.) SHRI P.S. Champaneri, learned advocate appearing on behalf of the petitioner has vehemently submitted that the action of the Prant Officer Election Officer in excluding the name of the petitioner from the final voters' list and to include the name of respondent No.6 in the final voters' list as delegate / representative of respondent No.5 society is absolutely illegal, most arbitrary and contrary to the statutory provisions Gujarat Specified Cooperative Societies (Elections to Committees) Rule, 1982 [hereinafter referred to as "Rules"].