AMARSHIBHAI MOHANBHAI KAGATHARA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-1-6
HIGH COURT OF GUJARAT
Decided on January 06,2021

Amarshibhai Mohanbhai Kagathara Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

BIREN VAISHNAV, J. - (1.) Leave to delete ground 11(E) of the petition.
(2.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ, order or direction for quashing and setting aside the impugned order dated 10.12.2020 passed by the respondent No.1 Deputy Collector and Election Officer and further for a direction that the name of the respondent No.3 be deleted from the final Voters' List of Dhrol Constituency in the election of the Jamnagar District Co-operative Bank.
(3.) Facts in brief are as under: 3.1 The petitioner is a member of the Managing Committee of Shree Vakiya Group Seva Sahakari Mandli Ltd., a primary co-operative society registered under the Societies Act. Vakiya Group Seva Sahakari Mandli Ltd., is a member society of the Jamnagar District Co-operative Bank, whose elections are scheduled to be held. Vakiya Society is therefore entitled to delegate a member of its society to vote for the elections of the Managing Committee of the Jamnagar District Co- operative Bank, a specified society. The petitioner as a member of the Vakiya Group Seva Sahakari Mandli Ltd., on 14.07.2020, addressed a letter to the Chairman of its society raising a grievance that no meeting of the Society has been called for a period of six months when the elections were announced for the Jamnagar District Bank, wherein, the respondent No.3 was the authorized delegate on behalf of the Vakiya Society to vote, the petitioner lodged an objection with the election officer on 02.12.2020. 3.2 In addition to reiterating his grievance of the society not calling a meeting for a period of six months, he objected to the respondent No.3 being authorized to delegate the Society to vote at the election, on the ground that the respondent No.3 has taken loans from various financial institutions for which an inquiry is under progress, and therefore, he cannot be authorized to vote on behalf of the society and his name therefore be deleted from the voters' list. 3.3 Reliance was placed on bye-law 39(8) of the bye-laws of the society concerned. By the impugned order, the election officer has rejected the objection of the petitioner on the ground that on the basis of the resolution forwarded by the member society together with the original minute book, it is apparent that the respondent No.3 is authorized by the society. 3.4 As far as the allegation that the respondent No.3 has obtained financial assistance from the HDFC Bank, the election officer opined that it was a term loan for which a No Due Certificate has been produced. The election officer further opined that if in the opinion of the petitioner the respondent No.3 was disqualified in accordance with the bye- law, it was the registrar who would appropriately take a decision. Aggrieved by this communication, the petition is filed. ;


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