Election processes should not be interfered with during proceedings unless exceptional circumstances arise, preserving the integrity of democratic processes.

COMMON ORAL JUDGMENT

As common facts and similar issues are involved in all the four Special Civil Applications, they were heard together and are being treated for disposal by this Court. 

2. All the petitioners are aggrieved because their nomination paper for the elections to the Managing Committee of Bharuch District, Central Co- operative Bank Limited came to be rejected. They have challenged order dated 29^th June, 2021, in all the cases, of the election officer - respondent No.1 herein, whereby, accepting the objections raised to the nominations, rejected the same.

3. The Bharuch District Central Co-operative Bank Limited is a specified society as under Section 74C of the Gujarat Co-operative Societies Act, 1961 . The term of the Managing Committee of the said specified society was expired, however on account of situation arising out of COVID-19 pandemic, the elections could not be immediately held. The elections came to be notified as per the election programme dated 17^th July, 2021. As per the said programme, the dates for obtaining the nominations were from 18^th June, 2021 to 21^st June, 2021. The last date for accepting the nominations was fixed as 28^th June, 2021. The list of nominations issued was to be published during 18^th June, 2021 till 28^th June, 2021. The date of scrutiny was 29^th June, 2021. The list of validly nominaed candidates was to be published on 30^th June, 2021. The nomination papers could be withdrawn upto 3.00 p.m. on 05^th July, 2021. The list of contesting candidates is scheduled to be published on 06^th July, 2021. The date of polling, if necessary, would be 16^th July, 2021 and the counting would take place on 17^th July, 2021 at the place and during the time indicated. The results are provided to be declared on the same date. Prior to the publication of the election programme, the election officer had undertaken the process of publication of list of voters.

3.1 While the petitioners filled up and submitted their nomination forms on 29^th June, 2021, an application to be given to the election officer by objector, pointed out that in the nomination forms, details filled in were incomplete, inter alia that the petitioners did not sign below the verification giving the details as to the category of Scheduled Castes or Scheduled Tribes and small and marginal farmers. The said objection came to be upheld by the election officer and the impugned order dated 29^th June, 2021 came to be passed in cases of each of the petitioners rejecting respective nominations.

3.2 As could be seen from the contents of the impugned order, while rejecting the nomination papers, what was observed by the election officer that the petitioners did not sign in the Ekrar of the form required in relation to Scheduled Caste, Scheduled Tribe, Small & Marginal Farmers. It was secondly mentioned that the nomination papers were not duly completed as per Form 2 under Rule 18(2) read with Rule 19 of the Gujarat Specified Co- operative Societies Election to Committee Rules, 1982. It was thirdly mentioned that the petitioners have not put their signature at one place out of three places in the nomination papers. As per the case of the petitioners before the Returning Officer, such grounds were not valid for rejecting the nomination papers, however the election officer noticed and found the above defects in the nomination papers of the petitioners to reject the same.

4. Heard learned advocate Mr.B.M. Mangukiya for the petitioners in all the petitions, learned Government Pleader Ms.Manisha Lavkumar assisted by learned Assistant Government Pleader Ms.Aishwarya Gupta for respondent No.1 – Election Officer and Deputy Collector, Bharuch and learned senior advocate Mr.N.D. Nanavaty with