GUJRAT HIGH COURT
A.J. Desai, J
Gadhvi Sureshkumar Madansinh v. State of Gujarat
Special Civil Application No. 1234 of 2014
| Table of Content |
|---|
| 1. petitioner challenges exclusion from voters' list. (Para 1 , 2) |
| 2. arguments focus on procedural errors and rights. (Para 3) |
| 3. court observes compliance with rules, denying the petitioner's claims. (Para 4) |
| 4. final ruling dismisses the petition for lack of substance. (Para 5) |
1. By way of this petition under Art.226 of the Constitution of India, petitioner has prayed for the following reliefs:
"20(A)This Hon'ble Court will be pleased to issue a writ of mandamus or certiorari and / or any other appropriate writ order or direction in the nature of mandamus and / or certiorari, and to quash and set aside the decision of the respondent No. 3 - Election Officer in discarding the name of the petitioner from the final list of voters, as illegal, null and void;
(B) This Hon'ble Court will be pleased to issue a writ of mandamus or certiorari and / or any other appropriate writ order or direction in the nature of mandamus and / or certiorari, and to quash and set aside the decision of the Election Officer - respondent No. 3 herein dated 22.09.2014;
(C) This Hon'ble Court will be pleased to issue a writ of mandamus or certiorari and / or any other appropriate writ order or direction in the nature of mandamus and / or certiorari, commanding the respondent Nos. 2, 3 and 4 to include the name of the petitioner in the final list of voters of the electorate division No. 4 of Constituency A of the respondent No. 4 Bank;
That the petitioner has prayed for the following interim reliefs.
(D) This Hon'ble Court will be pleased to issue interim direction commanding the respondents to permit the petitioner to exercise his right as voter in the ensuing election of the respondent No. 4 -- Bank pursuant to the election programme dated 18.09.2014; (E) This Hon'ble Court will be pleased to restrain the respondent No. 6 from exercising his right as voter and to participate in the ensuing election of Board of Directors of the respondent No. 4 Bank in any manner till and pending hearing and final disposal of this petition;
OR IN THE ALTERNATIVE
(E) This Hon'ble Court will be pleased to issue an appropriate writ, order or direction, interim or final, permitting the petitioner to exercise his right as voter in the ensuing election of the Board of Directors of the respondent No. 4 Bank from Division No. 8 of Constituency A of the respondent No. 4 Bank, till and pending hearing and final disposal of this petition;
2. It is the case on behalf of the petitioner that petitioner was an elected Director of respondent No. 4 Bank which is a Specified Cooperative Society under the provisions of S.74C(1) of the Gujarat Cooperative Societies Act, 1961 [hereinafter referred to as "Act"]. That upon expiry of the term of the executive committee of the respondent No. 4 Bank, the procedure for preparation of the list of voters commenced. That the respondent No. 3 Election Officer published the election programme commencing from 23.09.2014 to 20.10.2014 [Annexure 'E']. It appears that name of the petitioner was sent to the Election Officer - Prant Officer by the respondent No. 5, to include his name in the voters' list as delegate of respondent No. 5 Society. Accordingly, the name of the petitioner was included in the provisional voters' list as delegate of the respondent No. 5 society on the basis of the requisite resolution passed by the respondent No. 5 society, appointing the petitioner as its representative / delegate to participate in the ensuing election of the Board of Directors of the respondent No. 4 Bank. That the provisional voters' list came to be published on 30.07.2014. It appears that even the name of the respondent No. 6 herein was also included in the provisional voters' list at Sr. No. 3 as representative / delegate of one Vandhol Gram Seva Sahakari Mandali Ltd. It appears that thereafter the respondent No. 5 passed another resolution and changed its delegate and a resolution came to be passed to forward the name of the respondent No. 6 as
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.