IMPORTANT POINT
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 constituencies.

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 same is duly produced at Annexure-B. The bye-law No.17.1.1 came to be amended with effect from 29.6.2007. It is the case of the petitioners that there are many societies belonging to S.C./S.T. community and they are Chairman and, therefore, the Chairman of the respondent No.3 has made such societies ineligible by misuse of powers and political influence by amending the bye-law No.17.1.1(3) on 29.7.2007. The petitioners approached this Court by preferring the Special Civil Application No.8462 of 2024 seeking a direction qua respondents No.3 and 4 for providing reservation of one seat for S.C./S.T. by alphabetical rotation in Wadhwan Taluka while publishing notification for the election of Board of Directors of respondent no.5 for the term 2024-29. The said petition came to be disposed of by order dated 21.6.2024 on the ground that, at the time, when the petition was filed, no notification was issued for preparation of provisional voters’ list for the election of the Managing Committee of the respondent No.3 i.e. Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd, the Court was of the opinion that the grievance of the petitioner was premature in absence of any notification issued by the respondent No.1. At the time, when the order was pronounced, the notification was issued on 19.6.2024 which is subject matter of challenge by way of preferring the present petition. It was kept open for the petitioners to challenge the same.

5. The contentions are reiterated by Mr. Rao, the learned advocate appearing for the petitioners that while issuing the impugned notification which is duly produced at Annexure-P, that while exercising powers under Rule 3(A) of the Gujarat Specified Cooperative Societies Election to Committee Rules, 1982, the Collector was required to delimit the constituencies prior to the publication of the provisional voters’ list under Rule 4 of the Rules.

6. It is submitted that the aforesaid impugned notification with respect to the constituencies for S.C./S.T. remains unnotified, though it is stated that one seat is to be reserved for S.C./S.T. community. The constituency is not specified and in view thereof the aforesaid is in violation of Section 74(1B) of the Gujarat Cooperative Societies Act, 1961.

7. It is submitted that the petitioners had preferred a representation to the Collector even prior to filing of the petition for reserving Wadhwan as S.C./S.T. constituency, however the said representation paled into insignificance and the same is unanswered.

8. In light of the aforesaid, Mr. Rao, the learned advocate submitted that the impugned notification is required to be interfered with on the aforesaid grounds and the prayers as prayed for are required to be granted.

9. Reliance is placed on the ratio as laid down in the case of Nathabhai Devabhai Zala And Anr. Versus State Of Gujarat, reported in 2012 (1) GLH 789, wherein it is held that, “in the facts related to panchaya