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VAIBHAVI D. NANAVATI
Shree Yatish, S/o. Govindbhai Desai – Appellant
Versus
State of Gujarat – Respondent
ORDER :
Vaibhavi D. Nanavati, J.
1. Heard Mr. Gogia, learned advocate appearing for the writ applicant, Mr. B.S. Patel, learned senior advocate appearing with Mr. C.B. Patel for respondent No.4 and Ms. Pooja Ashar, learned APP appearing for the respondent No.1.
2. The present petitioner has prayed for following reliefs:-
b. Your lordships may be pleased to hold, declare and direct that, the voters list (Annexure K) prepared by Respondent No. 4 is contrary to and is inconsistent with statutory provisions i.e. Section 115D of the Gujarat Co-operative Societies Act, 1961 and is illegal, ineffective and non-operative.
c. Your Lordships may be pleased to quash and set aside the communication being No. VaHT/G-1/114 to 115/2024 dated 08.04.2024 (Annexure-D) being vague and contrary and inconsistent to the Section - 115D of the Gujarat Co-operative Societies Act, 1961.
d. Your Lordships may be pleased to quash and set-aside the byelaws No. 44 (1) and election rules – Rule 2(f) and other related rules of the Respondent No.4 - Bank to the extent the said rules are in conflict with Section 115D of the Gujarat Co-operative Societi
Bye-laws of a co-operative society cannot override statutory provisions, and writ petitions against such societies are not maintainable if they do not qualify as 'state' under Article 12.
The provisions of Section 31(2) of the Andhra Pradesh Co-operative Societies Act, 1964 and Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 govern the preparation of voters lists and ....
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
is fundamental that once an election notification is issued, the process of election as such cannot suffer a challenge nor can be stopped or interdicted.
Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in....
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