2021 Supreme(Guj) 273

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.V. Anjaria, A.S. Supehia, JJ.
Raghubhai Munjibhai Mungra – Petitioner
Versus
Jamnagar District Cooperative Bank Ltd. & others – Respondents
R/Letters Patent Appeal No. 68 of 2021 In R/Special Civil Application No. 16961 of 2020 With Civil Application (For Stay) No. 1 of 2021
Decided On : 16-04-2021

Point of Law: The election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate, and has to be allowed to operate in their own way so as to sub-serve a higher purpose. In the election which is a democratic process, what is fundamental is the event of election. Neither the right to vote or to participate in election as voter or as a contesting candidate, is perceived to be a fundamental right. They are the rights guarded by statutory framework and could be exercised only in the manner the statute may provide. What is at stake is the interest of whole body which goes to the democratic process of elections. Election jurisprudence hardly emphasise rights of individuals. Election rights are the democratic rights operating as a whole and for collective end.

Headnote:

Constitution of India,1950 - Article 226 - Gujarat Co-operative Societies Act, 1961 - Sections 74-C, 145F and 145A - Indian Penal Code,1860 - Sections 143, 294, 147, 353 and 452 - Prevention of Damage to Public Property Act, 1984 - Section 3(1) - Member of unlawful assembly – Rioting – House trespass after preparation to hurt - Whether candidate has incurred any disqualification for being elected and whether nomination was in order and complying with relevant Rules - Whether nomination was in order and complying with relevant Rules - Whether Rule is violated to find out whether Scrutiny Officer had committed any error in rejecting or accepting the nomination - Election programme declared by Election Officer & Prant Officer elections to members of the Managing Committee of the respondent No.1- Jamnagar District Co-operative Bank Limited is a specified society under Section 74-C of Gujarat Co-operative Societies Act, 1961 - Last date for submitting nomination forms scrutiny was fixed - List of valid nominations was published withdrawal list of contesting candidates was scheduled to be published - Election Officer by his Order-cum-Notification published the programme for publication of list of voters, whereunder preliminary publication of list was to take place objections were required to be submitted were to be disposed and the final publication of the voters list was to be done - nomination form submitted by the respondent No.5 citing bye-law No.30(ix)(c) of bye-laws of the Bank which, provided that no member shall be eligible for being elected on Board of Directors, inter alia if he has been convicted of criminal offence or offences involving moral turpitude - court of learned Judicial Magistrate First Class, Dhrol, Jamnagar, upon trial of Criminal Case held respondent to be guilty of offences under Section 143, 147, 353 and 452 of the Indian Penal Code and under Section 3(1) of Prevention of Damage to Public Property Act, 1984 and he was convicted as per judgment and order.

Finding of the Court : High Court should not have interfered with the election after the process of election had commenced. The judgments referred to hereinabove clearly show the settled position of law to the effect whenever the process of election starts, normally courts should not interfere with he process of election for the simple reason that if the process of election is interfered with by courts, possibly no election would be completed without the court's order. Very often, for frivolous reasons, candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case basic purpose of having election having election and getting an elected body to run the administration is frustrated - Election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate, and has to be allowed to operate in their own way so as to sub-serve a higher purpose - Election which is a democratic process, what is fundamental is the event of election. Neither right to vote or to participate in election as voter or as a contesting candidate, is perceived to be a fundamental right - They are rights guarded by statutory framework and could be exercised only in manner the statute may provide - Interest of whole body goes to democratic process of elections.

Result: Letters Patent Appeal dismissed