( 1 ) HEARD Mr. Vakharia, learned Sr. Counsel, and Mr. N. D. Nanavati, learned Sr. Counsel appearing with Mr. Mangukia, learned Counsel in SCA No. 10967/2001, SCA No. 10968/2001 and SCA No. 11753/2001, Mr. P. M. Raval, learned Sr. Counsel appearing with Mr. Champaneri in SCA No. 2056/2002 and SCA No. 2257/2002 and Mr. Jhaveri, learned Counsel appearing in SCA No. 2033/2002. On behalf of the concerned Government authority as well as the other, including the Registrar and the Election Officer, Mr. K. B. Trivedi, learned Addl. Advocate General appearing with the learned GP is heard.

( 2 ) IT has been submitted by the aforesaid advocates that wherever their clients are either petitioners or respondents in the aforesaid group of petitions, the very submission may be treated as made for their respective clients and they have made their submissions for final disposal of the all petitions and, therefore, they may be disposed of accordingly by the common judgement finally.

( 3 ) IN all these petitions, the facts are interconnected and common and interconnected questions are involved regarding amendment in the bye-laws of Valsad District Central Cooperative Bank Limited (hereinafter referred to as "bank/society") and its effect upon the election of the members of the Managing Committee of the Bank and hence they are being dealt with together.

( 4 ) THE short facts of the case are that some petitions are preferred by the Bank, whereas some petitions are preferred by the member Cooperative Societies and, therefore, they shall be referred accordingly hereinafter, and further details shall be stated subsequently. There is no dispute on the point that the term of the members of the Managing Committee was to expire and has expired on 20/11/2001, subject to the deeming fixation of their entitlement to continue until the first meeting of the members of the Managing Committee is held after election. As per the petitioners who are member Cooperative Societies, since the election was to become due (the relevant year would be beginning from 1-4-2001 to 31-3-2002 which will be referred as 2001-2002), and therefore, it is the contention of the member Cooperative Societies, who are petitioners herein, that the members whose names are required to be included for the preparation of the voters list would be of those members, who were members of the Bank either individuals or the members of the Managing Committee of the member Cooperative Societies as on 31-1-2001 i. e. the last date of the year proceeding the year in which the election becomes due. IT is the case of the Bank that on 19th June, 2000, the Annual General Body of the Bank had passed the resolution for approval of the amendment in the bye-laws No. 3 (2), 5, 29 (1) and 37 of the Bank. The English translation of bye-laws No. 5 and 29 (1) as it existed prior to the amendment would be as under:bye-LAW 5: Any Cooperative Society registered under Gujarat Cooperative Societies Act, within the working area of the Bank, can become the member with this Bank. BYE-LAW 29 (1): Nonexistent. THE proposed amendment (English translation) in the Bye-laws No. 5 and 29 (1) would be as under:bye-LAW 5: Any Cooperative Society registered under Gujarat Coop. Societies Act, within working area of the Bank, desirous to get loan, can become the member of this Bank. BYE-LAW 29 (1): For the purpose of above A, B, C, C, D, and DD, the representative of such Cooperative Societies shall have right of voting at the election and of contesting at the election as Director only if those member Cooperative Societies, in the period of last preceding three years, have obtained any loan or any loan is outstanding.

( 5 ) AS per the Bank, reason for insertion of bye-law No. 29 (1) is with a view to see that the members may get more opportunity for getting loan and they may remain active thereby they can make financial improvement. The society in its Annual General Meeting dated 19-6-2000 passed the resolution for amen