(Per : HONOURABLE MS. JUSTICE R.M.DOSHIT)

These petitions preferred under Articles 226 of the Constitution of India challenge the process of election of the Board of Directors of the Ahmedabad District Cooperative Bank Limited, a Co-operative Society within the meaning of the Gujarat Cooperative Societies Act, 1961, the respondent no. 3 herein [hereinafter referred to as the Bank scheduled to be held on 14th October 2009. The petitioners are the members of the Bank. The challenge to the ensuing election is three-fold.

It is common ground that the Bank is a specified society within the meaning of Section 145B read with Section 74C of the Gujarat Cooperative Societies Act,1961 [hereinafter referred to as the Act of 1961]. The election of the Board of Directors of the Bank is governed by the provisions contained in Chapter XIA of the Act of 1961 and the Gujarat Specified Cooperative Societies Elections to Committees Rules, 1982. Chapter XIA of the Act, comprising Sections 145A to 145Z, specifically provides for election of Committees and Officers of specified Societies. Section 145 U provides for reference of the disputes relating to the election to the Tribunal. Section 145Y empowers the State Government to make rules to provide for and regulate all or any of the matters relating to the various stages of election. In exercise of the said power, the State Government has framed The Gujarat Specified Cooperative Societies Election to Committees Rules, 1982 [hereinafter referred to as the Rules of 1982]. Rule 3A of the Rules of 1982 provides for Delimitation of constituencies for purpose of election. Sub-rule (1) thereof enjoins the Secretary or, in absence of the Secretary, the Chief Executive Officer of every specified society to prepare a provisional list of constituencies in the year preceding the year in which the election to the committee is scheduled to be held. Sub-rule (3), inter alia, provides for display of such list on the Notice Board of the office of the society; for forwarding such list to the Registrar of Cooperative Societies and to the Collector; for service of such list to every member of the society by registered post; for lodging objections against such list; for consideration of objections by the Society; for preparation of the final list of constituencies; for display of such final list; for submission of the final list to the Registrar and the Collector, etc. Rule 4 of the Rules of 1982 makes, inter alia, similar provisions for preparation, display and submission of the provisional voters' list to the Collector. Rule 6 of the Rules of 1982 provides for making claims and raising objections in respect of the provisional list of voters. It provides, inter alia, every person making a claim or raising an objection shall do so by a separate petition, which shall be presented to the Collector during office hours within seven days from the date on which the provisional list of voters is displayed on the notice board under sub-rule (2) or (5) of rule 4, as the case may be.It also provides for consideration of claims and objections and for giving decision within ten days from the date of the claims or objections and for finalization of the list of voters.

Learned advocate Mr. Joshi has appeared for the petitioners. He has submitted that since the last election, several territorial constituencies of the Bank have undergone a change. Under Government Notifications dated 14th February 2006 and 20th July 2006 issued in exercise of the powers conferred by sub-section [3] of Section 3 of the Bombay Provincial Municipal Corporations Act, 1949 [hereinafter referred to as, the Act of 1949] and in exercise of powers conferred by clause [2] of Article 243Q of the Constitution of India, the boundaries of the Ahmedabad Municipal Corporation have been expanded. The areas of many villages and municipalities which were part of several constituencies of the Bank have now been merged into the Ahmedabad Municipal Corporatio