Important Point-Collector shall have power to pass an order of delimitation of constituencies and provide number of constituencies equal to number of seats.

M.R. Shah, J.

[1.0] As common question of law and facts arise in this group of petitions and are as such with respect to the election of the Managing Committee of Mehsana District Cooperative Milk Producers’ Union Limited, all these petitions are heard, decided and disposed of together by this common judgment and order.

Special Civil Application No.1611/2015

[2.0] By way of this petition under Article 226 of the Constitution of India, the petitioner – Mehsana District Cooperative Milk Producers’ Union Limited (hereinafter referred to as “Milk Producers’ Union”) through its authorized representative has prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 17.01.2015 passed by the respondent No.4 herein – Election Officer of the Milk Producers’ Union and Prant Officer, Mehsana (Annexure-A) by which the Election Officer and the Prant Officer, Mehsana has in exercise of powers under Rules 3A(9) of the Gujarat Specified Cooperative Societies Election to Committee Rules, 1982 (hereinafter referred to as “Election Rules, 1982”) has delimited the constituencies for the election of the members of the Managing Committee of the Milk Producers’ Union.

It is also further prayed for an appropriate writ, direction and order directing the respondent No.4 – Election Officer to conduct the election of the members of the Managing Committee of the Milk Producers' Union by preparing/delimiting the constituencies as per the proposal dated 02.01.2015 submitted by the petitioner Milk Producers' Union i.e. for 18 seats.

Special Civil Application No.1642/2015

[2.1] By way of this petition being Special Civil Application No.1642/2015, the petitioner – Shree Arbudanagar (Basna) Mahila Dudh Utpadak Sahakari Mandali Limited through its authorized representative has prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 17.01.2015 passed by the respondent No.4 – Election Officer of the Milk Producers' Union and the Prant Officer, Mehsana by which the Election Officer has delimited the constituencies for the ensuing election of the members of the Managing Committee of the Milk Producers' Union insofar as reservation of two seats for women have been altered from one constituency to two different zones i.e. Mehsana and Chanasma. It is also further prayed to provide for two seats for women as provided under Section 74(1B)(i) of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as “Act, 1961”) and to direct to have all the affiliated Milk Producers' Cooperative Societies of the respondent No.6 – Union as voters for the two seats reserved for women.

Special Civil Application No.1645/2015

[2.2] By way of this petition under Article 226 of the Constitution of India, the petitioner – Harij Taluka Sahakari Kharid Vechan Sangh Ltd. through its authorized representative has prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 17.01.2015 passed by the respondent No.4 – Election Officer of the Milk Producers' Union and Prant Officer, Mehsana (Annexure-A) by which the Election Officer in exercise of powers under Rule 3A(9) of the Election Rules, 1982 has delimited the constituencies, insofar as it affects the rights of the delegates of other societies. It is also further prayed for an appropriate writ, direction and order directing the respondent No.4 – Election Officer to conduct elections of the Milk Producers' Union by preparing constituencies as per the proposal dated 02.01.2015 submitted by the Milk Producers' Union.

[3.0] Facts leading to the present Special Civil Applications in nutshell are as under:

[3.1] That the petitioner – Milk Producers' Union is a cooperative society registered under the provisions of the Act, 1961 and is also a specified society within the meaning of section 74C of the Act, 1961