The court emphasized that judicial intervention is warranted in election matters when there are clear violations of statutory provisions, despite the general principle of non-interference in ongoing elections.

JUDGMENT :

1. RULE. Mr.Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents No.1 to 5 and Mr. Patel, learned counsel waives service of notice of rule on behalf of respondent No.6 – Society.

2. With the consent of learned counsel appearing for the respective parties, the present petitions are taken up for final hearing.

3. By way of present petition, the petitioners have prayed for the following reliefs:-

“(A) This Hon’ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction, and thereby quash and set aside the election program published by respondent No.5 dated 2.2.2024 produced at Annexure – B Collectively and further be pleased to issue necessary direction and/or order, directing the respondents to publish the fresh election program of the Bardoli constituency of the respondent No.6 society in consonance with the provision of the Act and the Rules made thereunder and the Election Rules, 1982.

(B) During the pendency hearing and final disposal of this petition, this Hon’ble Court be pleased to stay the implementation, execution and operation of the election program published by respondent No.5 dated 2.2.2024 produced at Annexure – B Collectively.

(C) Any other and further reliefs as deemed just and proper looking to the facts of this case, may kindly be granted in favour of the petitioner, in the interest of justice.”

4. Brief facts of the present petitions are that the petitioners are the societies registered under the provisions of the Gujarat Cooperative Societies Act, 1961 (hereinafter be referred to as “the Act”) read with Rules framed thereunder and the petitioners are the member societies of respondent No.6 – Surat Tapi District Cooperative Milk Producers’ Union Limited which is known as “Sumul”. It is the case of the petitioners that respondent No.6 is a specified society within the meaning of Section 74C of the Act which is a federal society and election of respondent No.6 is to be held under Chapter – XI of the Act read with the Gujarat Specified Cooperative Societies Elections of Committees Rules, 1982 (hereinafter be referred to as “the Election Rules”). It is also the case of the petitioners that last election of respondent No.6 was held in August 2020 and the Board of Directors/Managing Committee came to be constituted and on 15th October 2022, one of the directors had tendered the resignation which had been accepted on the same date. That since the resignation was tendered within a period of two and half years from commencement of the term, fresh election was to be held for the Bardoli constituency of respondent No.6. As no such election was held by the respondents, petitioner No.1 had preferred Special Civil Application No.6392 of 2023 before thsi Court which came to be allowed vide order dated 4th August 2023 and the said order is attained finality and not challenged. The respondents must hold the election of Bardoli constituency of respondent No.6 in consonance with the provision of Chapter 0 XI of the Act r/w. The Election Rules. It is also the case of the petitioners that the election process though was directed to be commenced within a period of two weeks from the dare of receipt of the order passed by this Court at a very belated stage only in past i.e. on 2nd February 2024 respondent No.5 has declared the election program of respondent No.6. It is contended that such election program which is published in sheer violation of the provisions of the Act and the Rules and the Election Rules which has compelled the petitioners to file these petitions.

5. Heard Mr. R. S. Sanjanwala, learned senior counsel with Mr.Baiju Joshi, learned counsel for the petitioners, Mr.Jay Trivedi, learned Assistant Government Pleader appearing for respondent No.1 to 5 and Mr. B. S. Patel, learned senior counsel for Mr.Chirag Patel, learned counsel appearing for respondent No.6.

6. Mr. R. S. Sanjanwala, learned senior counsel with Mr.Baiju Josh