LAWS(GJH)-2009-9-15

VIKRAMBHAI VIJAYBHAI PATEL Vs. STATE OF GUJARAT

Decided On September 03, 2009
VIKRAMBHAI VIJAYBHAI PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) LEAVE to add Registrar of Co-operative Societies, Gujarat State as Respondent No. 7. Ms. Pathak, learned AGP waives service of notice for the newly added party Respondent.

(2.) THE petitioner has challenged the order dated 18. 08. 2009 of the election officer for Kheda District Central co-operative Bank Ltd. and Dy. Collector, Nadiad rejecting the petitioner's objections against nomination of respondent No. 5 for election of a Director from the Constituency in Category No. 1. The petitioner has also challenged the subsequent order dated 19. 08. 2009 passed by the same officer declaring respondent No. 5 as having been declared elected uncontested.

(3.) SECTION 27 (2) of the Gujarat Co-operative Societies Act, 1961 ("the Act" for brevity") disentitles a defaulter Society from exercising voting rights till all repayments are made. Section 145f (1a) (b) also disqualifies a person from contesting election to a District Central Co-operative Bank, if the co-operative society of which he is a delegate is in default for a period more than 12 months, in payment of dues.