GOVINDBHAI PRABHUDAS PATEL Vs. ELECTION OFFICER OF SABARKANTHA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for appropriate writ, order or direction quashing and setting aside the decision of the Election Officer of the Sabarkantha District Cooperative Milk Producers' Union Limited [hereinafter referred to "Milk Producers" Union] to include the name of the respondent No.2 in the list of valid contesting candidates published on 08.10.2014. It is also further prayed for an appropriate writ, order or direction quashing and setting aside the result of the Managing Committee of the aforesaid Milk Producers' Union declared on 22.10.2014.

(2.) FACTS leading to the present Special Civil Application in nutshell are as under:

(3.) SHRI V.C. Vaghela, learned advocate appearing on behalf of the petitioner has as such made only one submission that as the respondent No.2 belong to a society/nominated by a society who was the voter in Zone No.9 and who was the represented of Zone No.9, he could not have filled in the nomination and contested the election from Zone No.8. It is submitted that contesting the election by respondent No.2 from other constituency i.e. Zone No.8 would be contrary to the object and purpose of the delimitation of the constituencies and more particularly the byelaws with respect to the representation with respect to each constituency. It is submitted that though an objection was raised by the petitioner at appropriate stage i.e. on 07.10.2014, the Election Officer deliberately and with malafide intention did not decided the said objection and accepted the nomination of the respondent No.2 from Zone No.8 and permitted him to contest the election from Zone No.8. Making above submissions, it is requested to allow the present Special Civil Application and grant the reliefs as prayed for.