( 1 ) BY this writ application under Article 226 of the Constitution of India, the petitioner challenges the order dated 22. 6. 2005 (Annexure:a) passed by the Election Officer- cum-Deputy Collector (Mid Day Meals), Banaskantha, Palanpur, under which the name of the petitioner, which was included in the provisional list of the voters was ordered to be deleted. It is submitted in the writ application that the petitioner is a primary member of Adrana Dudh Utpadak Sahkari Mandali Ltd. (hereinafter to be referred to as Sthe primary society" ). It is submitted by the petitioner that one of the member of the Managing Committee namely, Patel Karsanbhai Daljibhai tendered his resignation from the post of the member of the Managing Committee on 25th October, 2004, a meeting of the Managing Committee of the said Society was convened on 29th October, 2004 to consider the said resignation. In the said meeting Resolution No. 6 was taken to accept the resignation. As a consequence, a vacancy was caused and as general elections of the Managing Committee were to take place after some time, Managing Committee in its meeting on 5th November, 2004 resolved for appointment/co-option of the petitioner as a member of the Managing Committee. His submission is that immediately thereafter, the petitioner assumed charge and continued to be a member of the Managing Committee. His further submission is that the general body meeting was convened on 24th May, 2005 for purposes of electing the new Managing Committee, the elections were held in the said meting and the petitioner came to be elected along with other persons as member of the Managing Committee for a tenure of three years i. e. , for the period between 2005-06 to 2007-08.

( 2 ) IT is submitted by the petitioner that challenging the appointment/co-option of the petitioner, one Patel Galbabhai raisangbhai (respondent no. 3) filed Lavad Suit No. 289 of 2005 before the Member, Board of Nominee, and also prayed for ad-interim injunction. The learned Nominee by its order dated 14th June, 2005 granted interim injunction to the effect that the resolution dated 5. 11. 2004 should not be given any effect. Against the said order, the present petitioner filed Revision No. 198 of 2005 before the revisional Tribunal. The Tribunal allowed the revision by its order dated 20th June, 2005 and vacated the injunction, but however, directed the learned Member, Board of Nominee that after giving due opportunity of hearing and too lead evidence, the learned Nominee should dispose of the matter finally within a period of three months from the date of appearance of the parties.

( 3 ) IT is submitted that after the petitioner was appointed/co-opted as member of the Managing Committee of the primary society in accordance with the Rules, name of the petitioner was referred to the Apex Society namely, banaskantha District Cooperative Milk Producers Union limited (Respondent No. 2) for its inclusion in the Voters list. His further submission is that the petitioners name was included in the preliminary list of voters and if the same could continue in the Voters List, the petitioner could contest election or at least, could cast his vote. It is also submitted that in accordance with Rule-6 of the gujarat Specified Cooperative Societies Elections to committee Rules, 1982, objections were invited by the election Officer, in response to which, the respondent no. 3 submitted his written objections. Though the parties have not filed th copy of the objections, but the Election officer, who had passed the impugned order has produced the copy of the said objections for our perusal. We will refer to the objections at a later stage. The further submission is that the Election Officer upheld the objections and directed deletion of the name of the petitioner from the voters List. Grievance of the petitioner is that the order passed by the Deputy Collector/election Officer is per se illegal, is in fact, to help and oblige th