RAMCHANDRA BHAGWANJI DESAI Vs. GULABBHAI KALIDAS DESAI

JUDGEMENT

(1.) . By way of this Special Civil application, the petitioner has challenged the order of the Gujarat State Cooperative Tribunal, Ahmedabad dated 30-9-1994 whereby the Tribunal has upheld the decision of the Board of Nominee dated 26-8-1994 holding the petitioner - defendant Gulabbhai Kalidas Desai disqualified for contesting the election of Director in view of Rule 26(B) of Sardar Bhilwadwala Pardi Peoples Co-operative Bank Ltd. Bye-laws, hereinafter referred to as Bye-laws and Rule 19 of the Election Rules of the Society, hereinafter referred to the election Bye-laws.

(2.) . The respondent No. 2 Sardar Bhilwadwala Pardi Cooperative Bank Ltd. (hereinafter referred to as the Bank) is an Urban Co-operative Bank incorporated and/or deemed to be recorporated under the provisions of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as the Act of 1961). The Bank has framed its Bye-laws which are approved and sanctioned by the Registrar of the Cooperative Societies. The Bye-law 26(A) provides that the Board of Directors of the Respondent No. 2 Board will consist of 15 Directors divided into 5 area of operation: 1/3 Directors will retire every year. The Bye-law further provides that the election of the Board of Directors will be held according to the rules framed by the Board and approved by the Registrar. The result of the election shall be declared in the Annual General Meeting and till then retiring Directors will continue to function as Directors. Byelaw No. 26(A)(2) divides the area of operations into 5 different zones viz. Pardi, Vapi, Udwada, Vapi Industrial Area and Umarsadi and six seats are in Pardi Constituency, 2 seats in Udwada Constituency and 1 seat in Vapi Industrial Area Constituency and Umarsadi Constituency. Bye-law 26(A)(3) provides that at every year the vacancy caused by the retiring Directors shall be filled up by the Members registered under that Constituency. The Bye-laws further provides that if the vacancies are equal to the contesting candidates, there will not be any poll but they will be declared elected at the Annual General Meeting. Bye-law No. 26(B) provides for the qualification for the candidate, which reads as follows:

(3.) . The necessary notification for the election of the Directors of the Bank from Vapi Constituency was issued on 1-8-1994, providing the following election Schedule. 1st August 1994 For issuance of the nomination paper. to 5th August, 1994. 4th August 1994 Date for filing nomination paper. to 10th August 1994 12th August 1994 Scrutiny of the nomination papers. 13th August 1994 Date for publication of the names of the candidates whose nomination papers are accepted. 13th August 1994 Date for withdrawal of the nomination papers. to 17th August 1994 18th August 1994 The date for publication of the names of the contesting candidates. 11-9-1994. Date of poll.