Advocates:
['BHARAT T RAO', 'GOVERNMENT PLEADER', 'DS AFF NOT FILED N', 'DIPEN DESAI']

C/SCA/1943/2022 ORDER DATED: 04/02/2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 1943 of 2022

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AMBLA MALDHARI SAHAKARI MANDALI LIMITED

Versus

STATE OF GUJARAT

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Appearance:

MR BHARAT T RAO(697) FOR THE PETITIONER(S) NO. 1

MR. KAMAL TRIVEDI, THE LEARNED ADVOCATE GENERAL

ASSISTED BY MR. CHITAN DAVE, THE LEARNED ASSISTANT

GOVERNMENT PLEADER, MS. MANISHA LAVKUMAR SHAH, THE

LEARNED SENIOR COUNSEL ASSISTED BY MR. ISHAN JOSHI, THE

LEARNED ASSISTANT GOVERNMENT PLEADER APPEARING FOR

THE RESPONDENT NOS. 1 TO 4

MR DIPEN DESAI(2481) FOR THE RESPONDENT(S) NO. 5

MR. JAY TRIVEDI FOR RESPONDENT NO.6.

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 04/02/2022

ORAL ORDER

1.

The writ-applicant is a cooperative society registered

under the provisions of the Gujarat Cooperative Societies Act, 1961.

The Chairman of the writ-applicant society is a Vice-Chairman of

the Bhavnagar District Cooperative Bank Limited since 2002 and

Director since 1998. The Chairman of the writ-applicant is delegate

of the writ-applicant society and contesting the election of Board of

Directors of The Bhavnagar District Cooperative Bank Ltd. in the

constituency of byelaw No. 30(1)(b) of the said Bank.

2.

The writ-applicant is aggrieved by the order passed by the

respondent no.3, by which the respondent no.3 has deleted the

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C/SCA/1943/2022 ORDER DATED: 04/02/2022

name of the writ-applicant from the constituency under byelaw No.

30(1)(b) and included the name of the writ-applicant to the

constituency under byelaw No. 30(1)(d) without affording any

opportunity of hearing to the writ-applicant, pursuant to the

objections raised by the respondent no.6 herein. The said order was

passed by the respondent no.3 on 25.01.2022 by publishing the

final voters list.

3.

Being aggrieved and dissatisfied with the impugned order

passed by the respondent no.3, the writ-applicant has approached

this Court by filing the present writ-application and seeking the

following reliefs:

(A)

To issue a writ of mandamus or a writ in the

nature of mandamus or any other appropriate writ,

order or direction, quashing and setting aside the

election programme for election of respondent no.5 bank

declared by respondent no.3 on 26.1.2022 published in

Gujarat Samachar Bhavnagar edition as it is in volation

of the principles of natural justice as the respondent

no.3 Election Officer has acted without authority of law

and changed the petitioner’s constituency from

constituency under byelaw no.30(1)(b) to 30(1)(d) in the

final voter list without hearing the petitioner for the

reasons stated in the Memo of Petition and in the

interest of justice;

(B)

To issue a writ of mandamus or a writ in the

nature of mandamus or any other appropriate writ,

order or direction, quashing and setting aside the final

voter list published by respondent no.3 Election Officer

on 25.1.2022, which is contrary to provisions of law and

respondent no.3 cannot start process of preparing voter

list before passing order of delimitation under Rule-3A(9)

of Rules,1982 which is passed on 18.1.2022 and

therefore entire process undertaken by respondent no.3

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C/SCA/1943/2022 ORDER DATED: 04/02/2022

is against the provisions of law and therefore the same

is vitiated and required to be quashed and set aside for

the reasons stated in the Memo of Petition and in the

interest of justice;

(C)

To issue a writ of mandamus or a writ in the

nature of mandamus or any