( 1 ) NATWARLAL Pitambardas Patel, petitioner, has filed this petition with a prayer that this Court may issue a writ of mandamus or any other appropriate writ, order, or direction quashing and setting aside the order passed by respondent No. 1 dated 25. 11. 2004, rejecting the nomination paper of the petitioner as per the proceedings at Annexure-A to the petition and direct respondent No. 1 i. e. Election Officer and Deputy collector to declare the petitioner as elected Chairman of respondent No. 2 bank i. e. Mehsana District Central co-operative Bank Ltd. , Mehsana. 1. 1 the petition was filed on 29. 11. 2004. This Court (Coram: Jayant Patel, J) issued notice on 2. 12. 2004. Pursuant to the said notice on behalf of respondent No. 1 Mr. A. D. Oza, learned Government Pleader appears. Mr. S. K. Jhaveri, learned sr. advocate, appears on behalf of respondent No. 2 and Mr. P. K. Jani, learned advocate, appears on behalf of respondent No. 3 i. e. Shri Nitinbhai Ratilal Patel. On the joint request of the learned counsel for the parties, I have taken up the matter for hearing. Hence Rule. The learned counsel for the respondents waive service of Rule.

( 2 ) THE facts giving