SHAILESHBHAI GOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Patel, learned AGP waives service of notice of Rule for respondents No.1 and 2 and Mr.Mehta, learned Counsel waives service of notice of rule for respondent No.3. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard.

(2.) THE petitioner has preferred the petition for the relief, inter alia, to quash and set aside the decision dated 27.5.2008 Annexure SA of the Election Officer and it is also prayed that the Election Officer be directed to prepare voters' list as per the bye -laws and the rules for different constituencies as referred to in the memo of the petition.

(3.) MR .Shelat, learned Sr. Counsel appearing with Mr.Rana for the petitioner, at the outset, declared before the Court that the petitioner is pressing the present petition only for the purpose of maintaining the challenge that the voters' list are required to be prepared as per the constituencies provided in the bye -laws of specified Society since it provides for two separate constituencies of Utpadak -Members and General Members (Non -Utpadak -Members). He also declared before the Court that so far as the other grounds stated in the petition pertaining to the inclusion or non -inclusion of certain persons as Utpadak -Members or as Non -Utpadak -Members in the voters' list are concerned, the petitioner, if so advised, may challenge such action of the election authority after the election is over as per the remedy provided under Section 145U of the Gujarat Coop. Societies Act (hereinafter referred to as Sthe Act) read with the relevant Rules.