( 1 ) ). By way of this Special Civil application, the petitioner has challenged the order of the Gujarat State Cooperative Tribunal, Ahmedabad dated 30-9-1994 whereby the Tribunal has upheld the decision of the Board of nominee dated 26-8-1994 holding the petitioner - defendant Gulabbhai Kalidas Desai disqualified for contesting the election of Director in view of Rule 26 (B) of Sardar bhilwadwala Pardi Peoples Co-operative Bank Ltd. Bye-laws, hereinafter referred to as Bye-laws and Rule 19 of the Election Rules of the Society, hereinafter referred to the election Bye-laws.

( 2 ) ). The respondent No. 2 Sardar Bhilwadwala Pardi Cooperative Bank Ltd. (hereinafter referred to as the Bank) is an Urban Co-operative Bank incorporated and/or deemed to be recorporated under the provisions of the Gujarat Cooperative societies Act, 1961 (hereinafter referred to as the Act of 1961 ). The Bank has framed its Bye-laws which are approved and sanctioned by the Registrar of the Cooperative societies. The Bye-law 26 (A) provides that the Board of Directors of the Respondent no. 2 Board will consist of 15 Directors divided into 5 area of operation: 1/3 Directors will retire every y