IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 113 of 2026 IN R/SPECIAL CIVIL APPLICATION/205/2026 ================================================================

DASHRATHLAL RAMJIBHAI PARMAR Versus PRAJAPATI JASWANTBHAI HORGOVANBHAI & ORS.

================================================================

Appearance:

MR P.K.JANI, SR. COUNSEL WITH MR JIGAR G GADHAVI(5613) for the Applicant(s) : 1 MR DIPAN DESAI(2481) for the Respondent(s) : 1 to 8 None for Respondent(s) : 9 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 10/01/2026

ORAL ORDER

1. Heard Mr. P.K.Jani, learned Senior Counsel for the applicant and Mr. Dipen Desai, learned advocate for the respondents – original petitioners.

2. By the present Misc. Civil Application, the applicant is seeking to recall the order dated 08.01.2026 in Special Civil Application No.205 of 2026 and further direction that not to allow the respondent Nos.1 to 6 to contest the election, which has been declared on 11.01.2026 as per the advertisement dated 10.01.2026. The applicant – petitioner also seeks a direction to direct the Election Officer not to proceed further pursuant to the advertisement dated 10.01.2026 and not to conduct the voting of Kheralu Nagrik Sahkari Bank Limited scheduled on 11.01.2026.

3. The learned Senior Counsel Mr. P.K.Jani for the applicant has submitted that after passing of the order dated 08.01.2026 in Special Civil Application No.205 of 2026, as per the direction contained in para ‘4’ thereof, an application was preferred by the petitioner – applicant before the learned Board of Nominees for joining the respondent Nos.1 to 6 therein as party to the proceedings in Lavad Suit No.196 of 2025. The said application was also served on the said respondents. Accordingly, the learned Joint Registrar and Member, Board of Nominees, Mehsana has issued notice dated 09.01.2026 and called upon the respondent Nos.1 to 6 herein for filing their reply on application for injunction as well as Lavad Suit on or before 16.01.2026 and the hearing is slated to be on said date at 11:00 a.m. It is submitted that in the meanwhile, the respondent No.7 Chief Election Officer, Kheralu Nagarik Sahakari Bank Limited has issued impugned advertisement dated 10.01.2026 in the daily newspaper “Sandesh”, Mehsana edition, declaring that the voting for the election to the Board of Directors of the Kheralu Nagarik Sahakari Bank Limited will be held on 11.01.2026 from 8:00 a.m. till 4:00 p.m. Learned Senior Counsel submits that the said advertisement and the action on behalf of the respondent No.7 is nothing but to overreach the process of this Court. He, therefore, submits that appropriate orders may be passed.

4. Per contra, Mr. Dipen Desai, learned counsel for the respondent Nos.1 to 8 submits that pursuant to the order passed by this Court dated 08.01.2026 in Special Civil Application No.205 of 2026, since the impugned order therein had been quashed and set aside, the Election Officer has proceeded further with the election to the Board of Directors of the Kheralu Nagarik Sahkari Bank Limited as there was no bar to proceed further. He, therefore, submits that accordingly an advertisement came to be issued in the daily news paper “Sandesh”, Mehsana edition, on 10.01.2026 informing all the voters that the voting shall be held on 11.01.2026. Leaned counsel further submits that, however, in the present case, appropriate orders may be passed.

5. Considered the submissions and in the overall facts and circumstances of the case and further taking into consideration the fact that when the order dated 08.01.2026 was passed in Special Civil Application No.205 of 2026, the Special Civil Application No.197 of 2026 preferred by the respondent Nos.7 and 8 also came to be disposed of in terms of the said order. The respondent Nos.7 and 8 were in complete knowledge of the proceedings. However, still they have re-initiated the ele