CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The present Letters Patent Appeal is directed against judgment dated 11th January, 2021 of learned Single Judge dismissing the Special Civil Application. In the petition, the petitioner-now appellant herein had prayed to set aside order dated 23rd December, 2020 passed by respondent No.3- Returning Officer rejecting the objection raised by the petitioner against the candidature of private respondent No.5 herein. It was further prayed to declare that the respondent No.5 was not eligible and qualified to contest the elections of the respondent No.1 Bank.

2. As per the election programme dated 04th December, 2020 declared by the Election Officer & Prant Officer, Jamnagar, the elections to the members of the Managing Committee of the respondent No.1- Jamnagar District Co-operative Bank Limited, which is a specified society under Section 74-C of the Gujarat Co-operative Societies Act, 1961, the last date for submitting the nomination forms was 19th December, 2020 whereas the date of scrutiny was fixed to be 22nd December, 2020. The list of valid nominations was published on 24th December, 2020 and the date for withdrawal was between 28th December, 2020 and 01st January, 2021. The list of contesting candidates was scheduled to be published on 02nd January, 2021, the date of polling was fixed as 13th January, 2021 whereas the counting was to take place on 16th January, 2021 at the place notified and on the same day the result was slated to be declared.

2.1 Prior to the election programme, the Election Officer by his Order-cum-Notification dated 23rd November, 2020 published the programme for publication of list of voters, whereunder the preliminary publication of list was to take place on 23rd November, 2020, the objections were required to be submitted by 02nd December, 2020, which were to be disposed of on 10th December, 2020 and the final publication of the voters list was to be done on 11th December, 2020. The petition appears to have been affirmed on 24th December, 2020, whereafter learned Single Judge was moved in the petition, who rendered his decision on 11th January, 2021.

3. It was on 22nd December, 2020 that the petitioner submitted an application raising objection to the nomination form submitted by the respondent No.5 citing bye-law No.30(ix)(c) of the bye-laws of the Bank which, provided that no member shall be eligible for being elected on the Board of Directors, inter alia if he has been convicted of criminal offence or offences involving moral turpitude. In that context the objection was raised that the court of learned Judicial Magistrate First Class, Dhrol, Jamnagar, upon trial of Criminal Case No.129 of 2008 held respondent No.5 to be guilty of offences under Section 143, 147, 353 and 452 of the Indian Penal Code and under Section 3(1) of Prevention of Damage to Public Property Act, 1984 and he was convicted as per judgment and order dated 13th December, 2020 to undergo imprisonment for two years. It was stated that the conviction was not stayed by the appellate court, though respondent No.5 was granted the bail. As per the impugned communication dated 23rd December, 2020, the objection of the petitioner was not accepted and he was communicated that nomination form of respondent No.5 was accepted.

3.1 Before proceeding further, an aspect may be noted, as informed by all the learned advocates for the parties, in relation to this very election, but in respect of different controversy, Special Leave Appeal No.10512 of 2020 has been pending before the Apex Court which arose from Letters Patent Appeal Nos.975 of 2020 and 980 of 2020. The Supreme Court has stayed the result of the election. When asked by this Court about the bearing of said pending controversy on the present case and the issue involved, all learned senior counsels and advocates appearing for the parties stated that the issue in this case is independent of the facts and issue in the said Special Leave to