PATEL PURSHOTTAMBHAI GANGARAM Vs. DISTRICT COLLECTOR & OTHERS

JUDGEMENT

(1.) By the present petition filed under Article 226 of the Constitution of India, the petitioner seeks direction against the respondent No.2 to hold election of three Directors of the respondent No.4- Mehsana District Central Co-operative Bank by the delegates of the individual members as on 31.3.2015 and not as on 31.3.2014.

(2.) Respondent No.4 is though a Federal Society but, being a Specified Society under the Gujarat Co-operative Societies Act, 1961 ('the Act), elections to its Committees are governed by the provisions made under Chapter 11-A of the Act and the Rules made thereunder, known as the Gujarat Specified Co-operative Societies Elections to Committee Rules, 1982 ('1982 Rules').

(3.) As per the bye-law of the respondent No.4, its electorate consists of Co-operative Societies and individual members. Section 28(8) of the Act provides that voting rights of the individual members of federal society shall be such as may be regulated by the Rules and the bye-laws of the Society. Rule 15 of the Gujarat Co-operative Societies Rules, 1965 ('1965 Rules') provides for regulating the voting rights of the individual members in a federal society. Rule 15 of the 1965 Rules reads as under:-