Point of Law: factum in finding out whether there was any election conducted in respect of Society whose list of Members of Managing Committee is sent and finding place in a preliminary list of voters cannot be said to be touching upon the constitution of the petitioner – Society or that finding cannot be said to be without any authority of law or jurisdiction

JUDGMENT :

1. Since all these petitions raise similar issue on law and facts, it is proposed to be disposed of by this common judgment.

2. For the sake of convenience, facts of Special Civil Application No.6383 of 2020 is taken into consideration.

3. Challenge in this petition is to the order passed by the Authorized Officer and Cooperative Officer (Market) dated 06.03.2020 whereby respondent no.2 - Authorized Officer has excluded the names of the Members of Executive Committee of the petitioner - Society on an objection raised by respondent no.3 - objector.

3.1 The Director, Agricultural Marketing and Rural Finance published an election programme dated 30.01.2020 for Bechraji Agriculture Produce Market Committee, District Mehsana. It is the case of the petitioner - Society that it is an Agricultural Credit Cooperative Society dispensing the agricultural credit in the market area of Agriculture Produce Market Committee, Bechraji, and therefore, names of the Managing Committee Members of the petitioner-Society were forwarded to respondent no.2 Authorized Officer for preparation of voters list under Rule 5 of the Gujarat Agricultural Produce Markets Rules, 1965. According to the petitioner, as required under Rule 5 of the Agricultural Produce Markets Rules, 1965, preliminary voters list included the names of the Members of the Managing Committee of the petitioner Society. However, respondent no.3 objected to inclusion of their names vide objection dated 02.03.2020. The said objection is annexed to the petition. Pursuant to the objection raised, the Authorized Officer issued notices to the petitioner - Society for the purpose of production of documents, evidence, written and/or oral arguments and pursuant to which the petitioner Society submitted written reply to the objections raised by respondent no.3.

3.2 Respondent no.2 – Authorized Officer, after going through the record produced and hearing both the sides, vide order impugned directed the names of the Members of the Managing Committee of the petitioner - Society to be excluded from the list of voters, which is under challenge in this petition.

4. Shri B.S. Patel, learned Senior Advocate appearing with Shri Chirag Patel, learned Advocate for the petitioner – Society, drawing attention of the Court to Section 96 of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as ‘the Act, 1961’) and Rule 32 of the Gujarat Co-operative Societies Rules, 1965 (hereinafter referred to as ‘the Rules, 1965’) submitted that any dispute touching the constitution, management or business of Society must be determined as provided under Section 96 of the Act, 1961, that too, by the authority under the Act, 1961. He has further submitted that even if any Member of the Managing Committee of the petitioner - Society has incurred any default / disqualification as provided in Sub-Rule (1) of Rule 32 of the Rules, 1965, if a Member does not vacate the office, he shall be removed by the Registrar as such Member. According to his submission, though the Member of the Managing Committee may have incurred disqualification, unless and until removed as provided under the Rules, 1965 or there is a decision by the authority empowered to decide the dispute under Section 96 of the Act, 1961 declaring the validity or otherwise of an election to the Managing Committee, the Committee continues to function, and therefore, the Authorized Officer is not empowered to adjudicate upon the validity of their election to the Managing Committee.

4.1 It is further submitted, drawing attention to the order impugned, that the Authorized Officer has adjudicated upon the legality and validity of the election of Managing Committee of the petitioner - Society, which is beyond the scope and jurisdiction, and therefore, the impugned order is illegal and is required to be quashed and set aside.

4.2 He has further submitted, drawing attention to the objection raised with regard to the defaulter Members, that it does not specify