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2021 Supreme(Guj) 832

BHARGAV D.KARIA
Hirapura Dudh Udpadak Sahakari Mandali Limited – Appellant
Versus
F A Babi, Election Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V C Vaghela
For the Respondent: Mr. Pankaj S Chaudhary, Ms. Asmita Patel

ORDER :

1. Heard, learned Advocate Mr. V.C. Vaghela appearing for the petitioner and the learned Advocate Mr. Pankaj S. Chaudhary for Respondent No.2 and learned Assistant Government Pleader Ms. Asmita Patel for Respondent No.1.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

    “7. …

A. YOUR LORDSHIPS may be pleased to admit and allow this petition;

B. YOUR LORDSHIPS may be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside order dated 21.09.2020 and further be pleased to direct the respondent No.1 to include the name of the petitioner in final voters list and allow the petitioner to take part in the election of the District Union to be held on 19.10.2020.

C. ...”

3. The brief facts of the case are that the petitioner is a Primary Level Cooperative Milk Producing Society which is registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter, ‘Act of 1961’) is represented by its Chairman, Shankarbhai Khemabhai Patel.

3.1 It is the case of the petitioner that as per Rule 3(A) of the Gujarat Specified Cooperative Soci

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