PER: MR. K. S. JHAVERI .I. ;-

1. The present petition is filed praying for quashing and setting aside the notice dated 03.11.2008 fixing the schedule of elections of the respondent No.6 Union and further to declare that the election process of election:.; of the Executive Committee of the respondent No.6 Union is illegal and against the o provisions of the Act and also to direct the respondent Authonties to denovo carry out the process of elections of Executive Committee of the respondent No. 6 Union in conformity with Rule 3A of the Gujarat Specified Cooperative Societies (Ejection to Committees) Rules, 1982.

1.1 The petitioners have also prayed to quash and set aside the Bye-law No. 35(1) of the respondent No. 6 Union and also to quash and set aside the order dated 12.11.2008 passed by the Deputy Secretary (Appeals), Agriculture and Co-operative Department in Revision Application Nos. 186 & 189 of 2008.

2. The facts of the case leading to filing of the present petition, in a nutshell. are laid down as under :-

2.1 The petitioners are co-operative societies registered under the provisions of Gujarat Co-operative Societies Act. 1961. The respondent No.6 Union is a Specified Co-operative Society under Section 74-C of the Act. In the year 2006, the respondent No.6 Union in its annual general meeting amended bye-law No. 35(1) and other divisions. The Registrar, Co-operative Societies, Gujarat approved the said amendment and the objections of some of the member societies against the said amendment were rejected.

2.2 The petitioners filed revision applications No. 168 & 189 of 2008 before the State Government inter alia praying to quash and set aside the amendment in bye-law No. 35(1) of the respondent No. 6 Union. Notice was issued in the said applications and on 07.10.2008 the hearing of the revision applications was adjourned to 04.11.2008. On 04.10.2008, a notice was published in the newspaper - Divya Bhaskar by the Election Officer and the respondent No. 6 Union inviting objections to the voters list.

2.3 The petitioners, therefore, filed Special Civil Application No. 12278 of I 2008 before this Court praying for issuance of an appropriate writ prohibiting the respondents No. 5 & 6 from preparing voters' list In consonance with the principle 'one man ; one vote'. This Court vide order dated 10.10.2008 directed the revisional Authority to the effect that in view of the urgency involved. the revision applications shall be heard on 17. 10.2008. This Court with the said direction disposed of the petition without observing anything on merits.

2.4 However, the revision 'applications were not decided. Thereafter, the petitioners' representative personally gave an application to the respondent No. 2 Revisional Authority to decide the revision application and to pronounce the order forthwith. The said application was not taken on record by the Authority. It is the case of the petitioners that the revision applications were heard by the Authority but no order was pronounced.

2.5 In the meantime. on 03.11.2008 the Election Officer - respondent No.5 herein published a public notice qua the election programme for the election of the Executive Committee of the respondent No. 6 Union. Being aggrieved by the saili action of the respondent No. 5 and the inaction on the part of respondent No.2, the present petition was preferred.

2.6 Thereafter, during the pendency of the present petition, the Deputy Secretary (Appeals), Agriculture and Co-operative Department vide order dated 12.11.2008 rejected the Revision Applications No. 186 and 189 of 2008 filed by the present petitioners. Therefore the petition was amended pursuant to the order passed by this Court on 17.11.2008 by way of which the petitioners challenged the impugned order dated 12.11.2008.

3. We have heard learned Counsel 21 appearing for the respective parties and perused the papers on record.

4. Mr. K.M. Patel, learned Senior Counsel assisted by Mr. Ashish H. Shah and Mr. C.P Champaneri, le