( 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 year. The Bye-law further provides that the election of the Board of Directors will be held according to the rules framed by the Board and approved by the Registrar. The result of the election shall be declared in the Annual General meeting and till then retiring Directors will continue to function as Directors. Byelaw no. 26 (A) (2) divides the area of operations into 5 different zones viz. Pardi, vapi, Udwada, Vapi Industrial Area and Umarsadi and six seats are in Pardi constituency, 2 seats in Udwada Constituency and 1 seat in Vapi Industrial Area constituency and Umarsadi Constituency. Bye-law 26 (A) (3) provides that at every year the vacancy caused by the retiring Directors shall be filled up by the Members registered under that Constituency. The Bye-laws further provides that if the vacancies are equal to the contesting candidates, there will not be any poll but they will be declared elected at the Annual General Meeting. Bye-law No. 26 (B) provides for the qualification for the candidate, which reads as follows:"26 (B) :- A member who holds the share in his individual name, who is not younger than 21 years of age and against whom the banks dues or instalment as the principal debtor or in the capacity of surety is not outstanding, as also wherein he is a partner in a partnership firm or company has obtained the loan, and the same has not become overdue, and against whom no criminal case or cases of moral turpitude is proved and who does not have the disqualifications as mentioned in Rule 32 of the Gujarat Cooperative Societies Rules, shall be qualified to become a Director of the Bank. General Manager or any Officer subordinate to him being the paid Officer or the employees of the Bank shall not be entitled to become a director of the Bank. "thus, according to Rule 26 (B) of the Bye-law an individual shareholder being a member shall be qualified if dues or instalments are due against him as debtor or in his capacity as surety or in other words default in payment of dues of instalment of the Bank either as principal debtor or as surety shall be disqualification. The period of disqualification has been provided under Rule 19 framed by the Standing committee known as Election Bye-laws which provides that the member contesting for the post of Director shall have qualifications as per the provisions of the Bye- law No. 26 (B) continuously from 31st March, till the result of the election is declared in the Annual General Meeting. English Translation of Rule 19 reads as under :"a member contesting for the post of Director shall have the qualifications as per the provisions of Bye-law No. 26 (B) continuously from 31st March, till the result of the election is declared in the General Board Meeting, and if the candidate fails to do as above, his nominati