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2012 Supreme(Guj) 352

D.H.WAGHELA, G.B.SHAH
ARVINDBHAI SINGHABHAI GAMIT – Appellant
Versus
ELECTION OFFICER AND DEPUTY COLLECTOR – Respondent


Advocates Appeared:
MR BS PATEL with MR UMANG OZA for Petitioner.
MR NIRAJ ASHAR, AGP for Respondent No.1.
MR RR MARSHALL, Senior Advocate with MR ARPIT A KAPADIA for Respondent No.2.

JUDGMENT

(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)

1. Invoking Articles 14, 19 and 226 of the Constitution, the petitioner, chairman of a primary level cooperative society, has sought to challenge order dated 7.6.2012 of the Election Officer and Deputy Collector, City Prant Surat, whereby his nomination for election to the Committee of Surat District Cooperative Milk Producers Union Limited (“SUMUL” for short) has been rejected on the basis of objections raised by respondent no.2 herein, a rival candidate. SUMUL is a 'specified society' under Section 74-C of the Gujarat Cooperative Societies Act, 1961 (for short, “the Act”), and therefore, election of members of its committee is governed by the provisions of Chapter XI-A of the Act and has to be conducted in the manner laid down by or under that Chapter. Chapter XI-A of the Act consists of Section 145-A to Section 145-Z of the Act and in exercise of the powers conferred by Section 145-Y the State Government has made the Gujarat Specified Cooperative Societies Election to Committees Rules, 1982 (for short, “the Rules”), to provide for and to regulate matters relating to various stages of the election.

2. According to the petition, th




















































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