NAROTTAM NARANDAS PATEL Vs. A B GOR

JUDGEMENT

(1.) The petitioners in all 8 in number, who are members of Visalvasna Seva Sahkari Mandali Ltd., (the affiliated society of the respondent no.3), are before this Court with a grievance that the respondeni no.1 at the behest of some others had rejected their nomination papers when the present petitioners in their capacity as representatives of their own society wanted to contest the elections of the respondent no. 3 - Patan Taluka Sahkari Kharid Vechan Sangh Ltd. It is to be seen that the Election Officer rejected the nominations of the present petitioners observing that on a juxtapose reading of Rule 23(2) and Rule 18 (1), so also Rule 19(1) and the Election Byelaw 8(5) of the respondent no.3, the nominations were liable to be rejected.

(2.) Submissions of the learned counsel for the petitioners are; (i) that at the behest of some political parties, the respondent no.1 rejected all the nominations papers, (ii) the respondent no.1 removed the resolutions which were attached to the nomination papers and thereby played fraud, (in) assuming that such resolutions were not attached with the nomination papers, then too, the defect was not of a substantial nature and as the resolution made by their own society - Visalvasna Seva Sahkari Mandali Ltd., was available with the Election Officer, which was submitted for inclusion of the names of the petitioners in the voters' list, the defect would not be of a substantial nature or character.

(3.) The respondent no.1 has filed his affidavit, wherein, he has clearly denied the personal allegations. He has stated that the allegations of playing fraud or rejecting the nominations at the behest of someone else are bad and false and false to the knowledge of the petitioners. He has also submitted that the nominations were not attached with the resolution and he was absolutely justified in rejecting the nominations. He has stated that he acted on his own free will and has not done any act which was unwanting of him.