SHANKERBHAI JESANGBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned Advocates appearing for the parties, the matter is taken up for final hearing and disposal. Hence, Rule. Learned A.G.P. Mr. Patel appearing for respondent No.1 and 2 waives service of rule for respondent no.1 and 2. Learned Advocate Mr. Siddharth Dave appearing for respondent No.3 waives service of rule for respondent No.3.

(2.) The challenge made in this petition filed under Article 226 of the Constitution of India is against the action of respondent No.2 Election Officer of rejecting the nomination papers of the petitioner for the election of the Managing Committee of Mehsana District Coop. Milk Producers' Union Ltd. ("the Union"). When the petition was moved in the vacation, the order passed by the Election Officer rejecting the nomination papers of the petitioner was not annexed. However, copy of the order was made available on 11.11.2015 and the matter was considered for grant of ad-interim relief.

(3.) Rejection of the nomination papers of the petitioner is on the ground that the member society which the petitioner represents i.e. Vaghasar Milk Producers' Cooperative Society Ltd., Taluka Saraswati Saraswati is audited in Class-C in the last audit for the year 2014- 2015 and as per bye-law 48(2)(A)(h) of the bye-law of the Union, Audit Class-C is considered to be the disqualification to be elected as Member of the Board of Directors.