1. The petitioner, an Agricultural Credit Co-operative Society registered under the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as “the Act”), is a member of the respondent no.4-Bank which is a “specified society” within the meaning of Section 74(c) of the Act. The petitioner has sought a direction to the respondent no. 2 directing him to prepare the provisional list of voters in accordance with Rule 5 and 6 of the 1982 Rules and has further prayed for direction to the respondent no. 2 to hold the election of the Board of Directors of the respondent no. 4-Bank in accordance with Rule 3-A(8) of the 1982 Rules.

2. The petitioner has prayed for the below mentioned relief(s):-

“6(a) The Hon'ble Court may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order, or direction, directing the respondent no. 2 election officer to held election for the Board of Directors of respondent no. 4 Bank as per the provisions of Rule 3A (8) and also be pleased to direct the respondent no. 2 to follow the provisions of rule 5 & 6 by publishing preliminary voters list before publishing the final voters list."

2.1. We should, at the outset, mention and clarify that the petitioner and the respondents have jointly submitted that the Election Programme has yet not been notified. It is in view of the said statement to the effect that the Election Programme has yet not been set in motion that we have entertained this petition. It is also appropriate to mention at this stage that other petitions being Special Civil Application Nos. 5430, 7265, 8472, 8473 of 2009 along with Civil Application No. 7194 of 2009 raise almost similar issues. The learned Counsel for the contesting parties have jointly requested for hearing of the said petitions with Special Civil Application No. 9748 of 2009. Hence, all these petitions are heard and decided together by this common judgment. Since, except some dates and events which may differ, almost the facts are similar and the main contesting respondent bank is common in all these petitions, for the sake of convenience the facts stated in Special Civil Application No. 9748 of 2009 have been taken into account and recorded in this judgment. The counsel for the respondents in all petitions have waived notice of Rule. With consent of all advocates of concerned parties, the petitions are heard finally.

3. The petitioner has sought the aforesaid relief and raised the challenge in the backdrop of the below mentioned facts:-

3.1. The election of the Board of Directors of respondent no. 4-Bank (hereinafter referred to as “election”) are due and the respondent no. 2 has been appointed as the “Election Officer” to conduct the election. The elections are required to be conducted as per the provisions contained in Chapter XI-A of the Act.

3.2. Under his notice dated 6th June 2009 the Election Officer published the provisional list of voters on 06.06.2009 and invited objections, if any, with regard to the said list.

3.3. It appears that after the above referred notice dated 6th June 2009 certain objections were raised claiming, inter alia, that as per the position prevailing as on 31st March 2009 the said voters list did not accurately reflect the factual position (prevailing as on 31.03.2009) and several fictitious names were appearing in the said list.

3.4. The petitioner has also claimed that on 12th June 2009 it had filed its objections and pointed out that the list did not reflect the actual and accurate position as on 31st March 2009.

3.5. After considering the objections on 18.06.2009, the respondent no. 2 passed an order dated 23rd June 2009 directing publication of provisional voters list in accordance with and having regard to the decisions and instructions recorded in the order dated 23.06.2009.

3.6. As per the claim of the petitioner society, in pursuance of the Elections Officer's aforesaid order dated. 23.6.2009, the general manager of the respondent