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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Sabarkantha Jilla Sahkari Dudh Utpadak Sangh Limited – Appellant
Versus
Vasana (Khed) Dudh Utpadak Sahkari Mandali Limited Through Chairman – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
1. The above noted four appeals are directed against the interim order dated 20.02.2024 passed by the learned Single Judge in entertaining a challenge to the note put up by the Returning Officer in the Election Programme published on 09.02.2024 which suggests that the order dated 09.02.2024 passed by the Registrar, Co-operative Societies would be binding, whereby one of the amendment proposed in the bye-laws has been approved.
2. The appellants before us are the District Co-operative Union, namely Sabarkantha Jilla Sahakari Dudh Utpadan Singh Limited impleaded through the Senior Manager (HR, Marketing) and few members of the said Union.
3. Learned Single Judge has noted that the election of the specified Co-operative Societies are governed by the provisions of the Gujarat Specified Co-operative Societies Elections to Committee Rules, 1982 (“the Rules’1982) and commences from the stage of delimitation of the constituencies, publication of the provisional list of voters and further followed by Rule 5, Rule 6 and Rule 7 of the Rules’ 1982 till the preparation of the final list of voters. It was noted that there is no dispute about the fact that the final list
The applicable bye-laws on the date of commencement of the election process govern the entire process of election, and the Returning Officer is obliged to act as per the bye-laws.
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
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 ....
Where orders are passed condoning the delay, they are discretionary orders and ought not to be interfered with.
The Deputy Collector had no jurisdiction to review his own order passed under Rule 3(A)(9) of the Rules, 1982.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
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