( 1 ) RULE. I have heard all the parties on merits at length and therefore, I proceed to decide this matter finally.

( 2 ) SHREE Bhachau Seva Sahakari Mandali LIMITED, Bhachau, Kachchh has filed the present petition to quash and set aside the order passed by the respondent No. 1 on 3-8-1996 in Application No. VP/s/m/elect/96 by which the respondent Nos. 4 to 18 are admitted as voters in the provisional voters list prepared by respondent No. 2.

( 3 ) THE petitioner is a registered co-operative society registered under the Gujarat co-operative Societies Act and the petitioner is a member of Kachchh District Central co-operative Bank LIMITED, Bhuj. The election of Board of Directors for the year 1996 of the said Kachchh District Central Co-operative Bank LIMITED was to take place and for that purpose provisional list of voters was prepared by the Chairman of District panchayat, Kachchh-Bhuj. In the said list names of the present respondent Nos. 4 to 18 are included. The inclusion of the present respondent Nos. 4 to 18 in the voters list was challenged by contending that on 31-3-1996, the respondent Nos. 4 to 18 were not holding the registration as Co-operative Societies. They had provisional registration and in view of the provision of S. 9 of the Gujarat Co-operative societies Act, they could not be included in the voters list. It was also contended that they could not be also included in the list of voters for group No. 6 as they were not of agriculture credit group societies. The objections raised for the inclusion of respondent Nos. 4 to 18 in the voters list has been negatived by the respondent No. 2 by his order dated 3-8-1996 and hence present petition is filed.

( 4 ) THE claim of the petitioner is resisted by respondent Nos. 4 to 18 by filing affidavit-in-reply by respondent No. 4. It is contended that there is no infringement of any fundamental rights of the present petitioner and hence present petition is not maintainable. It is further contended that respondent Nos. 4 to 18 were admitted as members of the respondent No. 3 bank and respondent Nos. 4 to 18 had also obtained agricultural loan from the respondent No. 3 bank. When they were admitted as members by the respondent No. 3, their names ought to have been included in the voters list as per the rules and regulations and consequently no illegality was committed in including their names in the voters list. It is further contended that the question regarding validity of their membership could be decided by the authorities provided by the Gujarat Co-operative Societies Act and that question cannot be gone into in such a proceedings. It is further contended that the petitioner has got alternative and efficacious remedy under S. 145 of the Gujarat Co-operative societies Act by filing an election petition. Respondent No. 1 has rightly included the respondent Nos. 4 to 18 in group No. 6 in the voters list and that the order is quite legal and valid. It is further contended that the petitioner is not entitled to get relief and therefore, the petition should be dismissed with costs.

( 5 ) THE petitioner-society Shree Bhachau Seva Sahakari Mandali LIMITED, is a specified Co-operative Society under the Gujarat Co-operative Societies Act, 1961. They are disputing the inclusion of respondent Nos. 4 to 18 in the voters list on two grounds : one is that in view of the provisions of Rule 4 of the Gujarat Specified co-operative Societies Elections to Committees Rules, 1982, their names could not be included in the voters list and second ground is that the respondent Nos. 4 to 18 could not be included in the voters list of group No. 6 but they must fall in group no. 12. In order to appreciate said contentions, the provisions of Gujarat Specified co-operative Societies Elections to Committees Rules, 1982 will have to be considered. I, therefore, proceed to consider the same.

( 6 ) RULE 4 of the said Rules of 1982 is governing the matter in question and subrule (1) of R