ORDER :

1. Heard learned advocate Mr. V.C. Vaghela for the petitioner, learned advocate Mr. Dipen Desai for the respondent nos. 4 to 7 and learned Assistant Government Pleader Ms. Dhwani R. Tripathi.

2. By this petition under Article 226 of the Constitution of India, originally the petitioner has made the following prayers :

“B. YOUR LORDSHIPS may be pleased to issue a writ of mandamus and a writ of certiorari or a writ in the nature of mandamus and writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 20.04.2022 and declaring that the Respondent Nos. 4 to 7 are disqualified from contesting election of Respondent No.3 Union as per Byelaw No.26;

C. YOUR LORDSHIPS may be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction restraining the Respondent Nos. 4 to 7 from contesting the election of Respondent No.3 Union,

D. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of or any other appropriate writ, order or direction quashing and setting aside the whole election programme of the Respondent No.3 Union and further be pleased to direct the Respondent Nos. 1 & 3 to prepare fresh list of voters and thereafter, declare the election programme;”

3. This Court issued notice on 26.04.2022 making it returnable on 4.05.2022. The petitioner thereafter amended the petition which was permitted by this Court vide order dated 6.05.2022 and the following two prayers were added by the petitioner :

“AA. Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction quashing and setting aside the order dated 18/02/2022 passed in appeal no.10 of 2022 as being illegal, without jurisdiction and the order being a fraud.

AAA. Pending admission and dismissal of this petition Your Lordship may be pleased to stay the execution operation and implementation of the order dated 18/02/2022 passed in appeal no.10 of 2022 till the final disposal of the present petition.”

4. Brief facts of the case are that the petitioner - President of Khodiyar Karyakari Sahkari Mandli Ltd. is member of respondent no.3 - the Visnagar Taluka Cooperative Purchase and Sales Union Limited (For short “Union”).

5. The petitioner filed nomination for contesting election of the Managing Committee of respondent no.3-Union, Zone-1 in the election which was scheduled to be held on 9.05.2022.

6. It is the case of the petitioner that respondent nos. 4 to 7 also filed the nomination to contest the election of the Managing Committee of respondent no.3 Union. The petitioner went to file the objections on 20.04.2022 but the petitioner was not allowed to enter the office of respondent no.1-Election Officer and was asked to wait. It is the case of the petitioner that the petitioner was not called and therefore, at about 1:30 pm, the petitioner forcefully entered the office and filed the objections. However, the objections of the petitioner were rejected on the ground that the petitioner filed objections at 1:32 pm and time to file objection was over at 11:30 am. The petitioner therefore, initially preferred this petition for rejection of the objections against the nomination of respondent nos. 4 to 7. The petitioner also prayed to delcare that respondent nos. 4 to 7 were disqualified to contest election in view of bye-law no. 26(1) of the bye-laws of the respondent no.3-Union which stipulates that only persons who are representatives of Seva Sahkari Mandli or Vividh Karyakari Sahkari Mandli and Cooperative bank having financial transactions with the Union are entitled to contest election and as respondent nos. 4 to 7 not being representative of Seva Sahkari Mandali, they were not qualified to contest the election.

7. After filing of the petition, it was made known to the petitioner that respondent nos. 4 to 7 preferred an appeal before the Additional Registrar (Appeals