D. M. DHARMADHIKARI, D. A. MEHTA, J.

( 1 ) IN these three Petitions pertaining to election to Federal-cum-Specified Cooperative Societies of Siddhpur and Patan Talukas, a common question of law has been raised and therefore they are being decided by this Common Judgment.

( 2 ) THIS would require examination of the scheme of the Gujarat Cooperative Societies Act, 1961 and the Rules framed thereunder (hereinafter referred to as `the Act and `the Rules) as also the bye-laws of the two Taluka Societies - Siddhpur and Patan, before us.

( 3 ) ONLY few necessary facts are required to be stated at the outset. In the year 1997, the Revenue Department of the State of Gujarat bifurcated certain Districts and Talukas by creating new Districts and new Talukas. Under the aforesaid bifurcation, the State Government created a new District Patan carving out some villages from Mehsana District. The State Government also excluded some of the villages forming part of Siddhpur Revenue Taluka and included them in a newly formed Unjha Taluka. As a result of this bifurcation for creation of new District and Talukas, 27 primary societies affiliated to Siddhpur Taluka Cooperative Society, now fall within the territorial area of newly formed Unjha Taluka.

( 4 ) THE Election Officer-cum-Prant Officer of Patan Taluka has issued two election programmes for completing process of election separately for Siddhpur and Patan Taluka Cooperative Sale and Purchase Union Limited. The election programme commenced on 21-12-2001 in the case of Siddhpur and on 11-12-2001 and in case of Patan Taluka Cooperative Unions with the preparation of provisional voters list and has partly passed through the stage of finalisation of voters list, filing of nominations, scrutiny of nominations, taking decisions on claims and objections and holding poll. The election is already over with declaration of result on 21-01-2002 for Patan Cooperative Union and it will end on 04-02-2002 for Siddhpur Cooperative Union.

( 5 ) THE Taluka Sale and Purchase Cooperative Unions at Siddhpur and Patan are `specified cooperative societies under Section 74c (1) (iv) (b) of the Act and admittedly the elections to these cooperative societies are required to be held in accordance with the provisions contained in Section 145a to 145y under Chapter XIA of the Act and Gujarat Specified Cooperative Societies Elections to Committee Rules, 1982 (for short `the Act and `the Rules of 1982 ). Under the provisions contained in Chapter XIA and the Rules of 1982 framed thereunder, all election disputes including those relating to preparation of voters list can be raised under Section 145u of the Act after conclusion of election before the Cooperative Tribunal.

( 6 ) THE petitioners have also raised grounds challenging the constitutional validity of the provision contained in Section 150 and Rule 78 of the Gujarat Cooperative Societies Rules, 1965 whereunder the Cooperative Tribunal is constituted and the qualifications for appointment of Members to the Tribunal have been prescribed. The main ground of questioning vires of the provisions of the Act and the Rules regarding constitution of Cooperative Tribunal is that it is not constituted as an independent judicial forum in consultation with the High Court. On this ground, it is urged that resort to alternative remedy of Election Petition before the Cooperative Tribunal is not an efficacious remedy and hence this Court should invoke its writ jurisdiction at the stage of preparation of voters list for election to the specified societies.

( 7 ) AS this Court has allowed the learned counsel appearing for the parties to address the Court on the merits of the case and without relegating them to the remedy of raising an election dispute before the Cooperative Tribunal, it does not consider it necessary to go into the question of constitutional validity of the provisions of the Act and the Rules under which the Cooperative Tribunal is constituted. For the same reason, at the

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