NATWARLAL PITAMBARDAR PATEL Vs. A B TRIVEDI

JUDGEMENT

(1.) Natwarlal Pitambardas Patel, petitioner, has filed this petition with a prayer that this Court may issue a writ of mandamus or any other appropriate writ, order, or direction quashing and setting aside the order passed by respondent No. 1 dated 25.11.2004, rejecting the nomination paper of the petitioner as per the proceedings at Annexure-A to the petition and direct respondent No. 1 i.e. Election Officer & Deputy Collector to declare the petitioner as elected Chairman of respondent No. 2 bank i.e. Mehsana District Central Co-operative Bank Ltd., Mehsana.

(2.) The facts giving rise to the petition are as under:

(3.) During the pendency of the petition, the petitioner has sought for amendment of the petition on 2.12.2004 and the amendment has been granted. 3.1 It is the case of the petitioner that in a judgement in the case of RASIKLAL VS. KAILASGAURI reported in (1971) 12 GLR 355 a Division Bench of this Court (Coram: P.N. Bhagwati, C.J. (as he was then) and D.A. Desai, J (as he was then)), in para 25 on page 376 it appears that the Division Bench has considered the position of registrar, and Mr.Patel, learned advocate for the petitioner stated at Bar that the Division Bench has called upon late Shri J.M.Thakore, who was learned Advocate General at the relevant time, and he has made a statement ( same is no part of the judgment of the Division Bench), however, it appears that some statement on behalf of the Government has been recorded and thereafter the Division Bench has observed in para 25 on page 376 as under: