2018 Supreme(Guj) 698
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bela M. Trivedi, J.
Kathvada Milk Producer Co-Op Society Limited –Appellant
Vs.
State of Gujarat – Respondent
Special Civil Application No. 1339 of 2018, 1462 of 2018, 3499 of 2018, 3570 of 2018, 3617 of 2018, 4174 of 2018, 4280 of 2018
Decided On : 13-04-2018
B.T Rao, Bharat T. Rao, Manisha L. Shah, P.K Jani, P.S Champaneri, Ramnandan Singh, Ravi B. Shah, Rutul P. Desai, S.I Nanavati, S.N Shelat, Tirthraj Pandya, Advocates
Headnote:
Gujarat Specified Co-Operative Societies Rules, 1982 - Rule 3A (8) - Election - Seven petitions pertaining to the election of the respondent Co-operative Milk Producers Union Limited were heard together finally at the admission stage with the consent of the learned Advocates for the parties, and are being decided by this common order - Held, Said submission also is without substance - It may be noted that every member society has to send the name of their representative for being included in the votes list and such voter is entitled to vote on behalf of his member society - Accordingly, the specified society has to include in the list of voters the names of all such delegates as have been communicated to it before the date fixed for publication of the provisional list - Hence, it is just possible that when a person is member of two societies, which are affiliated to the respondent Union, his name could be sent by such two societies as their delegate for the purpose of casting vote on their behalf in the election of the specified society - Application allowed. (Para 37)
Bela M. Trivedi, J.
All these seven petitions pertaining to the election of the respondent Sabarkantha District Co-operative Milk Producers' Union Limited (hereinafter referred to as "the respondent Union") were heard together finally at the admission stage with the consent of the learned Advocates for the parties, and are being decided by this common order.
2. The main prayers in each of the petitions may be reproduced as under:-
2(i) SCA 1339/2018: The petitioner, the Kathvada Milk Producers Co-operative Society Limited has preferred the petition seeking following main prayers:-
"9.(B) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ, order or direction by directing the respondent No.2 Election Officer to the election of the respondent No.4 Society declaring that each voter would cast vote in his/her constituency of the respondent society only where his/her name appears in the voter's list of that constituency and would not be entitled to cast more than one vote as prescribed in bylaw No.35(1) (A) of the By-laws of respondent society as it is contrary to Rule 3A(8) of the Gujarat Specified Co-Operative Societies (Election to Committee) Rules, 1982).
2.(ii) SCA No.1462/2018: The petitioner, the Jaliya Danti Milk Producers Co-operative Society Limited has preferred the petition seeking following main prayers:-
14. (A) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and to direct the respondent No.1 to appoint the custodian in exercise of the power under section 7D of the Act and commanding the custodian to take steps for holding election of the members of the managing committee of the respondent no.4 society by submitting requisite proposal;
(B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and to direct the respondent Nos.1, 2 and 3 to conduct and hold the election of the members of the managing committee of the respondent no.4 society in accordance with provisions of the Act and the Election Rules, 1982 by one man one vote principle and by division of electorate division of equal numbers of seats by dividing the entire area of operation with the equal proportion of the voters as provided and prescribed by Rule 3A(8) and (9) of the Gujarat Specified Co-operative Societies (Election to Committees) Rules, 1982.
2(iii) SCA No.3499/2018: The petitioner, the Ambawada Dudh Utpadak Sahakari Mandali Limited has preferred the petition seeking following main prayers:-
24. (b) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the order dated 27.2.2018 passed by the Election Officer and Deputy Collector, Himatnagar whereby the Election Officer has deleted the name of petitioner society from the provisional voters' list dated 15.2.2018 from Prantij Zone-8 and ordered to include name of the petitioner society in Talod Zone-9 in final voters' list published on 27.2.2018 and further be pleased to direct the Election Officer and Deputy Collector, Himatnagar to include the name of the petitioner society in the final voters' list in Prantij Zone-8 for the reasons stated in the memo of petition and in the interest of justice;
(c) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Election Officer and Deputy Collector, Himatnagar to allow the Chairman of the petitioner to fill in his nomination paper from Prantij Zone-8 and contest election as was allowed by the Election Officer in the election of the Union in 2014 though petitioner society's name was in the voters' list in Talod Zone-9 for the reasons stated in the memo of petition and in the interest of justice.
2(iv) SCA No.3570/2018: The petitioner, the Kalupur Dudh Utpadak Sahakari Mandali Limited has preferred the petition seek