CHHAGANLAL ARJANBHAI THAKKAR Vs. DEPUTY COLLECTOR KUCHCHH

JUDGEMENT

(1.) Rule. I have heard all the parties on merits at length and therefore, I proceed to decide this matter finally.

(2.) Shree Bhachau Seva Sahakari Mandali LIMITED, Bhachau, Kachchh has filed the present petition to quash and set aside the order passed by the respondent No. 1 on 3-8-1996 in Application No. VP/S/M/Elect/96 by which the respondent Nos. 4 to 18 are admitted as voters in the provisional voters' list prepared by respondent No. 2.

(3.) The petitioner is a registered co-operative society registered under the Gujarat Co-operative Societies Act and the petitioner is a member of Kachchh District Central Co-operative Bank LIMITED, Bhuj. The election of Board of Directors for the year 1996 of the said Kachchh District Central Co-operative Bank LIMITED was to take place and for that purpose provisional list of voters was prepared by the Chairman of District Panchayat, Kachchh-Bhuj. In the said list names of the present respondent Nos. 4 to 18 are included. The inclusion of the present respondent Nos. 4 to 18 in the voters' list was challenged by contending that on 31-3-1996, the respondent Nos. 4 to 18 were not holding the registration as Co-operative Societies. They had provisional registration and in view of the provision of S.9 of the Gujarat Co-operative Societies Act, they could not be included in the voters' list. It was also contended that they could not be also included in the list of voters for group No. 6 as they were not of agriculture credit group societies. The objections raised for the inclusion of respondent Nos. 4 to 18 in the voters' list has been negatived by the respondent No. 2 by his order dated 3-8-1996 and hence present petition is filed.