IMPORTANT POINT
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.

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 of voters was published on 09.02.2024 before passing of the order by the Registrar, Co-operative Societies amending the bye-laws. It was prima facie opined that such amended byelaws cannot be applied retrospectively and prospective effect can be given or else it may result in taking away or alter the duly vested rights of a member in a society.

4. Further noticing decision in Shri Sant Sadguru Janardan Swami vs State Of Maharashtra And Ors., (2001) 8 SCC 509, it was observed by the learned Single Judge that the rules framed for election of a specified society are a complete Code in itself providing for the entire process of election, beginning from the stage of preparation of provisional voter list, decision on the objection by the Collector, finalization of the electoral rolls, holding of elections and declaration of results of the election. The preparation of the provisional voters list would, therefore, be an integral part of the election process.

5. On the above two counts, the learned Single Judge has stayed the operation and implementation of the Note No. ‘3’ contained in the Election Programme dated 09.02.2024.

6. It may further be noted that the Note No.’3’ in the Election Programme was pertaining to the amendment in the bye-laws of the Society, which was approved by the Registrar on 09.02.2024 itself. The question before us, thus, is as to whether the amended bye-laws which were approved on 09.02.2024 by the Registrar, can be invoked/ applied in the election process which was already set in motion with completion of the preliminary stages of election such as delimitation of constituencies, preparation of the provisional list of voters, consideration of objection and declaration of the final list of voters.

7. All the above noted processes were admittedly completed by 09.02.2024 when the final list of voters were published.

8. To answer the above question, we raised a pertinent query to the learned Senior Counsels appearing for the appellants as to what would be the dates of commencement of the election process, in the instant case.

9. The learned Senior counsels have made their submissions in different ways to assert that the election process can be said to have commenced from the date of declaration of the election programme in accordance with the Rule 16 of the Rules’ 1982.

10. Mr. Prakash Jani, learned Senior Counsel appearing for the appellants would submit that the Annual General meeting of the Board of the Societies was called in the month of June, 2023 (30.06.2023), to amend the bye-laws in relation to the election of the Society; 743 members voted in favour of the amendment, whereas only three(3) opposed. It was forwarded to the Registrar, Co-operative Societies, who had granted approval on 09.02.2024. The Election Officer was appointed on