Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in an election petition. Here, there is alternative remedy provides under the law and therefore, this petition is not entertained on this count and is rejected accordingly. However, if the affected party is aggrieved by the result of the election and if he can satisfy about his locus, he can approach the appropriate Forum by filing appropriate proceedings under the law.

JUDGMENT :

1. Heard the learned advocate Mr. Jay Trivedi for Mr. Dipen Desai, learned advocate for the petitioner and learned Assistant Government Pleader Mr. Meet M. Thakkar for the respondent Nos.1 and 2 and learned Senior Advocate Mr. Prakash Jani for learned advocate Mr. Shivang P. Jani for the respondent Nos.3 to 13.

2. This Hon’ble Court has issued the notice. The advocate for the petitioner has filed the present petition by praying following interim reliefs i.e. mentioned in the paragraph No.6 of the memo of the petition :-

“(A) The Hon’ble Court may be pleased to issue a Writ of Certiorari or Writ in the nature of Certiorari or any other appropriate, writ, directing or order, quashing and setting aside the impugned order dated 18.10.2021 passed by the respondent No.2-Election Officer, annexed at Annexure-A to the petition.

(B) The Hon’ble Court may be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate, writ, directing or order, directing that the respondent Nos.3 to 13 societies may be deleted from the voters list for the elections of Banaskantha District Central Co-operative Bank Limited.

(C) Pending final hearing and disposal of this petition, the Hon’ble Court be pleased to stay the execution, operation and implementation of the impugned order dated 18.10.2021 passed by the respondent No.2 – Election Officer, annexed at Annexure – A to the petition.

(D) Pending final hearing and disposal of this petition, the Hon’ble Court be pleased to restrain the respondent Nos.3 to 13 societies from participating in the elections of Banaskantha District Central Co-operative Bank Limited.

(E) The Hon’ble Court be pleased to grant such other and further relief in the interest of justice.”

3. The present petition has been filed by the petitioner by challenging the election of Banaskantha District Central Co-operative Bank Limited and praying the reliefs as mentioned herein above in the prayer clause. The petitioner has submitted that in view of Section 27(iii) of the Co-operative Societies Act, which provides that only society which has its last accounts audited in Class “A”, “B” or “C” can be permitted to vote in the elections of the federal Society and he further submits that none of the respondent Nos.3 to 13 have its last accounts audited in Class “A”, “B” or “C”. The above requirements are mandatory requirement of law which the Election Officer ought to have verify before including any society in the voters list and he further submits that the basic requirement which Election Officer should verify the said aspect and in the present case the Election Officer has not verified the said aspect and without proper application of mind, the Election Officer has rejected the objections of the petitioner. He has also submitted that the election is to be held on 15.11.2021 of the Bank and he is not praying to stay the election process but he is praying to admit the matter and grant interim relief by way of the direction to keep the votes of respondent Nos.3 to 13 in seal cover and it can be directed that the such vote will be counted subject to the results of the petition. He has also relied on the judgments of this Hon’ble Court in the matter of Siyanagar Dudh Utpadakl Sahakari Mandli Limited Versus Election Officer reported in Special Civil Application No.12731 of 2018 dated 12.09.2018 and another order of this Hon’ble Court passed in Special Civil Application No.15482 of 2020 dated 9.12.2020 in the matter of Yogendrasinh Chhatrasinh Varnamiya Versus The Election Officer, The Baroda Central Cooperative Bank Limited and the Prant officer. He has also relied on various following decisions :-

(i) 2018 JX GUJ 150

(ii) 2014 JX GUJ 62

(iii) 2018 (1) GLR 647

(iv) SCA/10877/2020

(v) SCA/12151/2021

(vi) 2005 (7) SCC 181

4. Learned advocate Mr. Desai has also made grievance that on the notice of hearing is not served upon him for the hearing kept on 14.10.2021 which is at 11:00 O’clock and therefore the said order i