NANUBHAI VITTHALBHAI VAGHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition, under Article 226 of the Constitution, the petitioner challenges the order dated 20. 8. 2009 passed by the Returning Officer and City Mamlatdar, Bhavnagar (respondent No. 3 herein) rejecting the petitioner's nomination form for contesting as a candidate at the elections to the Managing Committee of the Bhavnagar District Central Co-operative Bank Ltd. (Annexure-R to the petition ).

(2.) RESPONDENT No. 3 has rejected the petitioner's nomination on the ground that on the date when Shri Kumbhan Seva Sahakari Society Ltd. at village Kumbhan in Palitana Taluka of Bhavnagar District resolved to nominate the petitioner herein as a delegate of the said society for participating in elections to the Managing Committee of the Bhavnagar District Central Co-operative Bank Ltd. [hereinafter referred to as "the District Bank"], the petitioner was suffering disqualification under Section 76-B of the Gujarat Co-operative Societies Act, 1961 [hereinafter referred to as "the Act"].

(3.) IN view of the above ground, it is necessary to set out the relevant facts in that behalf. The petitioner is a member of the Managing Committee of Shri Kumbhan Seva Sahakari Society Ltd. [hereinafter referred to as "the Co-operative Society"] and is also the Chairman of the District Bank. By show cause notice dated 15. 3. 2008, the Registrar of Co-operative Societies, Gujarat State called upon the petitioner to show cause why the petitioner should not be removed from the office of Chairman of the District Bank under Section 76-B of the Act and why the petitioner should not be disqualified under the said provision from holding any office in a co-operative society for a period of four years. After considering the petitioner's reply thereto and after hearing the petitioner, the Registrar of Co-operative Societies, Gujarat State passed order dated 30. 9. 2009 (Annexure-B) removing the petitioner from the office of Chairman of the District Bank under sub-section (1) of Section 76-B of the Act and also disqualifying the petitioner under sub-section (2) thereof from holding any office in the District Bank or in any other co-operative society and also from participating any election to the District Bank or any co-operative society for a period of four years. The petitioner challenged the said order in a revision application. It appears that during pendency of the said revision application, the order of the Registrar, Co-operative Societies was stayed. However, ultimately, by order dated 9. 2. 2009, the State Government dismissed the revision application and confirmed the order dated 30. 9. 2008 of the Registrar of Co-operative Societies and also vacated the interim stay granted earlier.