( 1 ) THIS petition is filed by one of the Shareholders and delegates of the Gujarat Industrial Co-operative Bank Limited which is joined as respondent No. 4. The prayer is that the Collector respondent No. 1 may be directed to take over the election process from respondent No. 4 and hold the election of the delegates after including all members who have been enrolled and admitted upto 31/12/1982 Another prayer is to direct respondent No. 1 to hold the entire election including that of the delegates in accordance with the provisions of sec. 145d of the Gujarat Cc-operative Societies Act 1961 (hereinafter referred to as the Act ).

( 2 ) NOW the learned advocate Shri Joshi who appeared on behalf of the petitioner mainly urged two grounds in support of his prayers. The first ground is that the persons who became entitled to vote on 1-7-1981 and thereafter were not included in the voters list. The second ground is that the first respondent the Collector is the only person entitled to hold the election. These are the only two submissions or the points raised which are required to be answered for the purpose of deciding this petition.

( 3 ) IT is an admitted position that this election was to be held for the year 1980-81. It is also an admitted position that a Co-operative year ends on 30th June every year and normally and under the bye-laws the elections are required to be held within a period of three months i. e. by 30th September because before that date a general meeting is required to be held. Now therefore the elections were required to be completed by 30/09/1981 and those elections would be in accordance with the list of voters which existed on 30/06/1981

( 4 ) NOW it appears that somehow the election could not take place and the Government had the power to extend that period and that period was extended upto 30th June 1982 and therefore the election programme was drawn out which began on 22-4-1982 and now therefore naturally on that day the voters list would be the list which was in existence on 30/06/1981 There is no dispute that all persons who were members on that day were included in the voters list. There- after it appears that stay was obtained in regard to this election from the Registrars Nominee. That stay was ex parte obtained on 3 which was ultimately vacated on 13-12-1982. Again thereafter new election programme was drawn up and the Board of Directors meeting was held on 28-12-1982 and the resolution was adopted and therefore by new programme the process of election started on 15-1-1983 and which was to be completed by 30-1-1983. On 17-1-1983 this petition came to be filed. However the election process was allowed to continue because a limited stay was granted and the stay was to the extent that though voting may take place in regard to the delegates who were ultimately to elect the Directors the result may not be declared. Now therefore during the pendency of this petition the voting his taken place. Only the result is required to be declared in regard to the delegates and those delegates will ultimately elect the Directors. Now the grievance is that during all this period 1030 persons came to be enrolled as members and thus as against original members on 30/06/1981 the number of which came to 6143 on 30/06/1982 the number came to 7x73. The argument advanced is that these persons who became members subsequent to 1-7-1981 were not allow d to exercise their franchise and therefore the delegates who would be elected would not represent the total number and they will be electing the Directors. Sec. 74c (2) of the Act provides :"74c (2 ). Wizen the election of all the members of the committee of any such society is held at the same time the members elected on the committee at such general election shall hold the office for a period of three years from the date on which the first meeting is held and shall continue in office untill immediately before the first meeting of the members of the new Committee