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VAIBHAVI D. NANAVATI
Shree Garida Milk Producers Cooperative Society Ltd. – Appellant
Versus
State of Gujarat – Respondent
Headnote: Read headnote
ORDER :
Vaibhavi D. Nanavati, J.
1. Heard Mr. B.T. Rao, the learned advocate appearing for the petitioners, Ms. Pooja Ashar, the learned AGP appearing for the respondent No.1 and Mr. V.C. Vaghela, the learned advocate appearing for the respondent No.3.
2. The petitioners herein have approached this Court invoking Article 226 of the Constitution of India with a direction to amend the election programme dated 19.6.2024 (Annexure-P) to the petition by providing reserved seat for S.C./S.T. from Wadhwan Taluka as per talukawise alphabetical rotation as provided in the bye-laws of the respondent No.3.
3. The petitioners herein are milk producer cooperative societies registered under the Gujarat Cooperative Societies Act, 1961. The petitioners herein are members and office bearers of the respondent No.3 society - Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd.
4. It is the case of the petitioners that the bye-laws of the respondent No.3 have been approved by the respondent No.2 in the year 1975. The bye-law No.17 provides for Board of Directors, copy of the
The right to contest elections in cooperative societies is statutory, and the court upheld the validity of existing bye-laws regarding seat reservations for S.C./S.T. without mandating specific const....
The court established that participation in the amendment process precludes subsequent challenges to its validity under cooperative society regulations.
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 ....
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
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 Deputy Collector had no jurisdiction to review his own order passed under Rule 3(A)(9) of the Rules, 1982.
The court emphasized the need for sound reasons and due procedure to re-fix the cut-off date, and quashed the impugned orders dated 03.10.2023.
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