IMPORTANT POINT
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Issue Rule, returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of notice of rule for and on behalf of the respondent Nos.1,2,3 and Mr. Bharat T. Rao, learned advocate with Mr. Y.J. Brahmbhatt, learned advocate waives services of notice of rule for and on behalf of the respondent No.4.

2. The petitioner No.1 herein is elected Director of Respondent No.4 – Sabarkantha District Cooperative Milk Producers’ Union Limited. The petitioner No.1 is also the member of the Managing Committee. The respondent No.4 is a specified cooperative society within the meaning of Section 74(C) of the Gujarat Cooperative Societies Act, 1961.

2.1 The elections of the members of the Managing Committee of the respondent No.4 was declared on 30.01.2024. Upon following due procedure, the election was held on 10.03.2024 and the result was declared on 11.03.2024 wherein, the petitioner No.1 was elected from Malpur Constituency (Zone – 13) and thereby, the petitioner No.1 became elected Director of the Respondent No.4. It is the case of the petitioners that as per Section 145(z) of the Gujarat Cooperative Societies Act, 1961, the elections of the office bearers or the officers of the society such as Chairman and Vice Chariman is to be held as per the byelaws of the society and any meeting for the purpose of such elections shall be presided by the Collector or an officer nominated by the Collector.

2.2 By communication dated 11.03.2024, the respondent No.4 informed the Collector – the respondent No.2 herein; with regard to the elections of the Board of Directors and requested the respondent No.2 to hold the elections of the Chairman and Vice Chairman of the respondent No.4 – society. Considering the ensuing Loksabha elections, the respondent No.2 vide communication dated 22.05.2024 and 05.06.2024 informed to the respondent No.4 that the elections of the office bearers of the specified societies cannot be held. It is the case of the petitioners that the said ground for not holding the elections of Chairman and Vice Chairman was misconceived as because of the code of conduct, the elections of the Managing Committee cannot be held but, there is no bar or any fetter for holding the elections of the office bearers. The election of NAFED was held during the continuance of the code of conduct therefore, the aforesaid reason given by the Collector for not holding the elections of the office bearers, does not hold good.

2.3 It is the case of the petitioners that upon expiry of the code of conduct, the Collector – respondent No.2 herein vide letter dated 10.06.2024 informed the respondent No.4 to send a fresh proposal for holding elections of the Chairman and Vice Chairman of the respondent No.4 – society, duly produced at Annexure – F to the petition. The respondent No.4 submitted a fresh proposal on 18.06.2024 to which, various queries came to be raised by the respondent No.2. The petitioners have been answering the said queries raised by the respondent No.2 from time to time. In-spite of the aforesaid, in absence of the declaration of the elections for Chairman and Vice Chairman of the respondent No.4 – society, the petitioners herein are constrained to approach this Court invoking Article 226 of the Constitution of India, seeking the following reliefs :

“(A) This Hon’ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus, or any other appropriate writ, direction or order commanding the respondent authorities more particularly, Respondent nos.2 and 3 to declare and hold elections of the Chairman and Vice Chairman of the Respondent no.4 – Sabarkantha District Cooperative Milk Producers’ Union Limited at the earliest within such stipulated short time as may be directed by this Hon’ble Court.

(B) Pending admission, hearing and final disposal of this petition, this Hon’ble Court be pleased to direct the Respondent no.2 Collector to issue the agenda for the meeting of Board of Directors for the purp