KHASOR DHEMARBHAI KARSANBHAI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) The present matter raises a very small, but, ticklish question for interpretation.

(2.) Learned Counsel for the petitioner submits that the Election Officer, misinterpreting by-law 40(b)(1) of the By-laws of respondent no.2, has rejected the claim of the petitioner for inclusion of his name in the Voters List. His submission is that a fair understanding of the by-law would make it clear that for contesting the election to the Managing Committee of respondent no.2, one should be a Member of the Managing Committee of his primary level cooperative society.

(3.) Mr.Mehta, learned Counsel for the petitioner, submits that the petitioner is a Member of The Malan Milk Producers Cooperative Society Ltd.; by a Resolution dated 21st April, 2005, the said Malan Milk Producers Cooperative Society Ltd. proposed to refer the name of the petitioner as a delegate voter to respondent no.2-Society for inclusion of his name in the list of the voters. Respondent no.3, on 6th June, 2005, raised an objection that as the petitioner was not a Member of the Managing Committee of The Malan Milk Producers Cooperative Society Ltd., his name could not be included in the Voters List. The objection was upheld and the petitioner's name was excluded from the final list of voters. The submission of the learned Counsel for the petitioner is that for inclusion in the Voters List, two requirements are that one must be a Member of the primary level cooperative society and secondly, his name should be referred as a delegate. His further submission is that by-law 40(b)(1) puts a bar against a person for contesting the election, who is not a Member of the Managing Committee of his primary level cooperative society. The submission, in nutshell, is that the learned Election Officer misapplied the by-law and illegally directed deletion of the name of the petitioner from the Voters List.