The Deputy Collector had no jurisdiction to review his own order passed under Rule 3(A)(9) of the Rules, 1982.

JUDGMENT :

1. Heard, learned advocate Mr. Bharat T. Rao for the petitioners and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent Nos. 1 and 2. Though served, no one appears for respondent Nos. 3 and 4.

2. Rule. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of notice of rule on behalf of the respondent Nos. 1 and 2. Notice of rule is not required to be issued upon respondent Nos. 3 and 4 as the issues involved in this petition are purely of legal nature and character and sufficient assistance is rendered by the learned Assistant Government Pleader Mr. Jayswal.

3. Having regard to the controversy in narrow compass, with the consent of the learned advocates for both the sides, the petition is taken up for final hearing.

4. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

“38(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, by quashing and setting aside the Amendment Order of delimitation of constituencies passed by respondent No. 2 on 6.2.2023 (Annexure-K) and further be pleased to quash and set aside the final voter list published by the respondent No. 2 and order dated 6.2.2023 (Annexure-M) passed by respondent No. 2 publishing the further election programme and be pleased to declare that the delimitation of constituencies made vide order dated 19.1.2023 of the respondent No. 2 is final and direct the respondent No. 2 to start the election process from the stage of preparation of voter list for the reasons stated in the memo of the petition and in the interest of justice.

(C) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to stay the further proceedings for the election of Vankaner Taluka Kharid Vechan Sahakari Sangh Ltd. for the reasons stated in the memo of the petition and in the interest of justice.”

5. Brief facts of the case are as under:

5.1 The petitioners are authorised representatives of their respective primary cooperative societies registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter, “the Act”) since years. The primary cooperative societies to which the petitioners belong to are dispensing agriculture credit to its members. The societies are affiliated with The Wankaner Taluka Sahakari Kharid Vechan Sangh Ltd. (hereinafter, “the Sangh”).

5.2 The Election of Managing Committee of the Sangh was held in the year 2017 under the provisions of the Gujarat Specified Cooperative Societies (Elections to Committees) Rules, 1982 (hereinafter, “the Rules, 1982”). The petitioner No. 4 is the elected Member and Chairman of the Sangh. The term of the Managing Committee had expired on 23.01.2023. The Sangh called its Annual General Meeting (AGM) on 17.09.2022, Agenda of which, came to be circulated on 06.09.2022 in due compliance with the provisions of Rule 3(A)(3) of the Rules, 1982. Item No. 8 of the Agenda was with regard to delimitation of constituencies as per bye-law No. 29 of the byelaws of the Sangh.

5.3 In the meeting held on 17.09.2022 in which all 47 Members of the General Board were present, 12 constituencies came to be made of which, each constituency got four primary cooperative societies which are affiliated to the Sangh. Out of 47 Members, 04 members had objected such delimitation made by the General Board. Such objection was overruled keeping in view the byelaws of the Sangh by majority decision.

5.4 On 18.09.2022, the proceedings of the AGM was published on the Notice Board of the Sangh, however, as required under the Rules, 1982, nobody raised any objection against the delimitation of the constituencies.

5.5 On 14.11.2022, the Sangh forwarded a proposal to the District Registrar, Cooperative Societies, Morbi as required for the purpose of holding the election of the Managing Committee, copy thereof, came to be forwarded to the Collector, Morbi and the Dep