Point of Law: 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.”

JUDGMENT :

N.V. ANJARIA, J.

1. As common facts and similar issues are involved in all the four Special Civil Applications, they were heard together and are being treated for disposal by this Court.

2. All the petitioners are aggrieved because their nomination paper for the elections to the Managing Committee of Bharuch District, Central Cooperative Bank Limited came to be rejected. They have challenged order dated 29th June, 2021, in all the cases, of the election officer-respondent No. 1 herein, whereby, accepting the objections raised to the nominations, rejected the same.

3. The Bharuch District Central Co-operative Bank Limited is a specified society as under Section 74C of the Gujarat Co-operative Societies Act, 1961. The term of the Managing Committee of the said specified society was expired, however on account of situation arising out of COVID-19 pandemic, the elections could not be immediately held. The elections came to be notified as per the election programme dated 17th July, 2021. As per the said programme, the dates for obtaining the nominations were from 18th June, 2021 to 21st June, 2021. The last date for accepting the nominations was fixed as 28th June, 2021. The list of nominations issued was to be published during 18th June, 2021 till 28th June, 2021. The date of scrutiny was 29th June, 2021. The list of validly nominated candidates was to be published on 30th June, 2021. The nomination papers could be withdrawn upto 3.00 p.m. on 05th July, 2021. The list of contesting candidates is scheduled to be published on 06th July, 2021. The date of polling, if necessary, would be 16th July, 2021 and the counting would take place on 17th July, 2021 at the place and during the time indicated. The results are provided to be declared on the same date. Prior to the publication of the election programme, the election officer had undertaken the process of publication of list of voters.

3.1 While the petitioners filled up and submitted their nomination forms on 29th June, 2021, an application to be given to the election officer by objector, pointed out that in the nomination forms, details filled in were incomplete, inter-alia that the petitioners did not sign below the verification giving the details as to the category of Scheduled Castes or Scheduled Tribes and small and marginal farmers. The said objection came to be upheld by the election officer and the impugned order dated 29th June, 2021 came to be passed in cases of each of the petitioners rejecting respective nominations.

3.2 As could be seen from the contents of the impugned order, while rejecting the nomination papers, what was observed by the election officer that the petitioners did not sign in the Ekrar of the form required in relation to Scheduled Caste, Scheduled Tribe, Small & Marginal Farmers. It was secondly mentioned that the nomination papers were not duly completed as per Form 2 under Rule 18(2) read with Rule 19 of the Gujarat Specified Cooperative Societies Election to Committee Rules, 1982. It was thirdly mentioned that the petitioners have not put their signature at one place out of three places in the nomination papers. As per the case of the petitioners before the Returning Officer, such grounds were not valid for rejecting the nomination papers, however the election officer noticed and found the above defects in the nomination papers of the petitioners to reject the same.

4. Heard learned advocate Mr. B.M. Mangukiya for the petitioners in all the petitions, learned Government Pleader Ms. Manisha Lavkumar assisted by learned Assistant Government Pleader Ms. Aishwarya Gupta for respondent No. 1-Election Officer and Deputy Collector, Bharuch and learned senior advocate Mr. N.D. Nanavaty with learned advocate Mr. Dipen Desai for private respondents-objectors as well as learned advocate Mr. V.C. Vaghela for the respondent-Bharuch District Central District Co-operative Bank.

4.1 Learned advocate for the petitioners in all the petitions was quite vehement in s