( 1 ) THIS petition under Article 226 of the Constitution challenges the Voters' List prepared for the purpose of elections to the Board of Directors of petitioner - Gujarat State Co-operative Bank Ltd. , under Bye-law 26 (a), in so far as the said list includes respondents Nos. 6 and 7 - Junagadh District Co-operative Bank Ltd. , and the Baroda District Co-operative Bank Ltd. , respectively and also challenges the inclusion therein of respondents Nos. 11 to 15 which are other co-operative Societies falling under Bye-law No. 26 (c) of the Bye-laws of the petitioner-Bank which is a State level Co-operative Bank. The challenge against inclusion of Co-operative Societies in two separate lists of voters is on the common ground that they have committed defaults in repayment of their dues and are, therefore, disqualified under Bye-law No. 27a from participating in the elections to the Board of Directors of the petitioner-Bank.

( 2 ) AS far as respondents Nos. 6 and 7 - Junagadh District Co-operative Bank Ltd. , and Baroda District Co-operative Bank Ltd. , are concerned, Mr. Mihir Joshi, learned Senior Counsel for the petitioners states that at this stage, the petitioners do not press the challenge to inclusion of these District Co-operative Banks in the Voters' List and the petitioners reserve their right to take appropriate action as available under law.

2. 1 As far as respondent No. 13 Society is concerned, according to the finding given in the impugned order dated 27. 11. 2008, the said Society has already entered into a one time settlement with its creditor. Although there is some dispute as to whether the terms of the settlement are complied with or not, but the Election Officer has given finding that respondent No. 13 Society cannot be considered as a defaulter. Hence, we do not propose to entertain the challenge to inclusion of Respondent No. 13 in the Voters' List under Bye-law No. 26 (c ). It will be open to any aggrieved party to raise the challenge before the appropriate forum after the results of the elections are declared.

2. 2 This petition is, thus, confined to the petitioners' challenge to inclusion of respondents Nos. 11, 12, 14 and 15 in the list of Voters for the constituency of " industrial co-operative Societies and other co-operative societies" under Bye-law No. 26 (c) of the petitioner.

( 3 ) BY the impugned orders dated 24/27. 11. 2008, the Election Officer has held that as the said four co-operative societies are defaulters of other co-operative societies and not of the petitioner-Bank, they cannot be disqualified from participating in the elections to the Board of Directors of the petitioner - Bank. Learned Counsel Mr. Tushar Mehta for the said four respondent co-operative societies has also not disputed the fact that they are defaulters of certain other co-operative societies. However, the stand of the said four societies and of the Election Officer is that only the defaulters of the petitioners - Bank are disqualified from participating in the elections of the Directors of the petitioner - Bank. Since the question was decided by the Election Officer as a pure question of law, and the learned Counsel for the parties have also argued the same as a pure question of law, we entertain this petition having regard to the decisions of the Apex Court referred to hereinafter and also having regard to the statutory order dated 1. 6. 2005 of the Registrar of Co-operative Societies, Gujarat State on the basis of which the petitioner society has inserted Bye-law No. 27a for the purpose of disqualifying the defaulters of any cooperative society from participating in the elections of Directors of the petitioner -Bank, which is a State level Co-operative Bank.

( 4 ) THE relevant statutory provisions having a bearing on the controversy in this petition are as under :-

4. 1 The petitioner - Bank as well as the respondents societies are registered under he Gujarat Co-operative Societies Act, 1961 (for short,