ORAL JUDGMENT

1. RULE. Ms.Pancholi, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents No.1 and 2 and Mr.Nanavaty, learned counsel waives service of notice of rule on behalf of respondent No.3 – Society.

2. With the consent of learned counsel appearing for the respective parties, the present petitions are taken up for final hearing.

3. By way of present petition, the petitioners have prayed for the following reliefs:-

“(A) This Hon’ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction, quashing and setting aside the provisional voters’ list published by the respondent no.2 – election OfÏcer of Surat Tapi District Cooperative Milk Produces’ Union Limited dated 12.2.2024 insofar as the same is published considering the position as on 31.3.2022 and not

31.03.2023.

(B) This Hon’ble Court be pleased to issue a writ of mandamus or writ I the nature of mandamus, directing the respondent no.2 – Election OfÏcer of Surat Tapi District Cooperative Milk Producers’ Union Limited to publish the voters’ list for the bye-election of the vacant seat of Bardoli Constituency of respondent no.3 – Union considering the position as on 31.03.2023 and thereby include the petitioners who are eligible to be included in the voters’ list as on 31.03.2023.

(BB) The Hon’ble Court be pleased to issue writ of certiorari or writ in the nature of certiorari, quashing and setting aside the impugned order dated 16.02.2024 passed by the Election OfÏcer to this petition and also be pleased to quash and set aside the final voters list published by the Election OfÏcer on 17.02.2024 and be pleased to hold that the action of the Election OfÏcer in holding the election considering the relevant date to be 31.03.2022 is illegal and contrary to Rule 4 of The Gujarat Specified Cooperative Societies Elections to Committee Rules, 1982. (C) Pending admission, hearing and final disposal of the petition, this Hon’ble Court be pleased to stay the further process pursuant to the publication of the provisional the voters’ list dated 12.02.2024.

(CC) Pending admission, hearing and final disposal of the petition, the Hon’ble Court be pleased to stay the execution operation and implementation of the order dated

16.02.2024 passed by the Election OfÏcer.

(CCC) Pending admission, hearing and final disposal of the petition, the Hon’ble Court be pleased to stay the further process of election of the Respondent no.3 – Surat –

Tapi District Cooperative Milk Producers Union Limited.

4. Brief facts of the present petitions are that the respondent no.3 – Surat - Tapi District Cooperative Milk Producers' Union Limited is a specified society within a meaning of Section 74C of Gujarat Comparative Societies Act, 1961 (hereinafter be referred to as “the Act). The election of the respondent no.3 is to be held as per the provisions of Chapter-XI of the Act read with the provisions of Gujarat Specified Cooperative Societies Elections to Committees Rules, 1982 (hereinafter to be referred to as “the Election Rules”). The last elections of the respondent no.3 Union was held in 2020 and the Managing Committee came to be elected for a term from 2020 to 2025. Shri Ajitbhai Patel who was elected as a member of the Managing Committee has tendered his resignation in the month of October, 2022, which was accepted on 15.10.2022 and, therefore, a seat had fallen vacant. Since, the Managing Committee did not fill up the vacancy within a period of 60 days, the State Government empowered to fill up the vacancy, however, the same was not done. The petition was filed before this Hon'ble Court by the Uva Dudh Cooperative Society Limited which came to be allowed by this Hon'ble Court vide judgment and order dated 04.08.2023 whereby the Election OfÏcer was directed to take appropriate steps for filling up the casual vacancy by holding bye-elections.

4.1 In spite of the directions issued by this Court, the State Authorities has not complied