SHIVPURA DUDH UTPADAK SAHAKARI MANDALI LTD Vs. COLLECTOR AND ELECTION OFFICER OF GANDHINAGAR DISTRICT CO OP

JUDGEMENT

(1.) RULE. Mrs. V. S. Pathak, learned agp waives service of Rule for the respondent.

(2.) IN these petitions under Article 226 of the Constitution, four Milk Producing co-operative Societies-petitioner No. 1 in each of these four petitions have challenged separate but identical orders of the Prant officer, Gandhinagar who is also the election Officer for elections to the Board of Directors of the Gandhinagar District co-operative Milk Producers Union Ltd. (popularly known as Gandhinagar dairy)which is a specified society under the provisions of the Gujarat Co-operative societies Act, 1961 (hereinafter referred to as "the Act" ). The elections are governed by the Gujarat Specified Co-operative societies Elections to Committees Rules, 1982 (hereinafter referred to as "the Election Rules" ).

(3.) WHEN the respondent had invited names of nominees of the Milk Producers co-operative Societies in the District, each of the petitioner Societies had sent the names of its respective Chairman as on 31. 3. 2009. Thereafter, the elections had taken place to the Managing Committee of the petitioner Societies on 3. 7. 2009 or thereabout. At such elections, the previous chairmen came to be replaced by other elected persons and therefore, the petitioner-Societies informed the respondent - Election Officer about such changes. The intimations to this effect were sent by the petitioner societies on 23rd or 24th July 2009. By the impugned order dated 24. 7. 2009 at Annexure A to each petition, the Election Officer has rejected the petitioners' request on the ground that the petitioners had not lodged any objections against the final voters' list published on 26. 6. 2009 and till publication of the election program on 20. 7. 2009.