- (1.)AS in all the petitions, common questions arise for consideration, they are being considered simultaneously.
Relevant legal background (general):

(2.)THE Government of India has placed on the statute book the first piece of legislation pertaining to cooperative societies which was known as the Cooperative Credit Societies Act, 1904. The necessity of such legislation was felt because there was no other Act at the time under which an association or a society could be formed for the purposes of promoting the economic interest of its members in accordance with the well -recognised cooperative principles and therefore, the cooperative societies had to be organised under the Indian Companies Act. Thereafter, it was found that it was desirable to confer upon such societies certain kind of privileges and facilities so as to encourage and assist the formation and working of such societies and therefore, a separate legislation was found to be needed. There is history of formation of committee. The basis was taken under Act of 1904 from English Friendly Societies Act, 1896. But thereafter, there were changes made and the Cooperative Societies Act, 1912 was enacted. Thereafter, there were also changes brought about in the year 1919 and during the period of erstwhile State of Bombay, Bombay Cooperative Societies Act, 1925 was enacted. The changes were also made in the said Act by amending Act of 1948. However, so far as Gujarat State is concerned, after bifurcation of Bombay State, need was felt by the State of Gujarat to consolidate and amend the law relating to cooperative societies in the State of Gujarat and therefore, Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as the "Act of 1961") was enacted and put on the statute book. It appears that thereafter, sea change was made in the Act by amending it by Act of 1982 (hereinafter referred to the "Act of 1982"), whereby a certain class of societies were specifically identified as specified societies on account of its operation involving huge public interest. Initially, as per the Act of 1961, the managing committee of the society was to be constituted in accordance with the Act, Rules and bye -laws. However, by the Act of 1982, the proviso was inserted to the effect that so far as the committee of a society falling in the category of section 74C(1), the rotation for retirement, if provided by the bye -laws of a particular number of the members of the managing committee shall cease to remain in force. Further, as per the Act of 1982, section 74C together with the other provisions of the amending Act was brought on the statute book which provided that the election of the members of the committee and the officers on the committees of such specified societies shall be conducted in the manner laid down by or under Chapter XI -A which was also simultaneously inserted by the Act of 1982. Chapter XI -A was inserted in the statute book by the Act of 1982 for election of the committees and officers of certain societies which are so specified under section 74C(1) of the amending Act of 1982. As per the scheme of the said Chapter, the election of such specified societies are to be held on such date or dates as the Collector may fix under his control. As per the Act of 1961, the election of the managing committee was to be held by the Society itself as per the bye -laws. Whereas, so far as the societies included as specified societies under section 74C of the Act are concerned, a separate mode of conducting election was provided and the power of conducting the election was given to the Collector notwithstanding anything contained in the bye -laws of the societies. The said aspect was apparently made clear by virtue of the provisions of section 74C(2) and (3) inserted by the amending Act of 1982. The said Chapter XI -A provided for separate mode for deciding the election dispute by election tribunal as per section 145U and it also provided for rule making power to the State Government to provide for and to regulate all or any of the other matters relating to the various stages of elections including preparation of the list of voters.
(3.)IN exercise of the powers conferred upon the State Government under section 168 read with section 145G read with sections 145U and 145Y, the Government of Gujarat has framed the Rules known as the Gujarat Specified Cooperative Societies Election to Committee Rules, 1982 (hereinafter referred to as the "Rules of 1982"). These Rules provided for various stages of election from the stage of preparation of the voters list until the result is declared and further consequential steps are taken. However, in the year 1987, Rules 3 -A and 3B were inserted by Rule making authority which provided for delimitation of the constituencies for the purpose of election and a separate procedure for election of the members reserved in sub -section (1) of section 74 -B.
After amending the Act of 1982, the constitutional validity of all the provisions of the Act of 1982 was brought under challenge before this Court and the Division Bench of this Court as per its decision in the case of Amreli District Cooperative Sale and Purchase Union Ltd. and Ors. v. State of Gujarat, 1984 2 GLR 1244, declared sections 17A, 24, 51(2), 69 and also proviso to section 74 as ultra vires to the Constitution. However, so far as sections 74 -A, 74 -B, 74C, 74D, 76A, 76B, 80(2), 80A were upheld. The matters were carried before the Apex Court but subsequently, all litigations before the Apex Court came to be withdrawn. As a result thereof, the decision of this Court in the case of Amreli District Cooperative Sale and Purchase Union Ltd. became final and has operated. There are other minor amendments made in the Act subsequently which are not relevant for the purpose of the controversy involved in this group of petitions and therefore, we may not refer to the same. The pertinent aspect is that the proviso to section 74 of the Act stood deleted but section 74C and other provisions relating thereto for the conduct of the election including Chapter XI -A and also the rules remained in the statute book. Therefore, the said legal position remained as per the Gujarat Cooperative Societies Act (after amendment of 1982 and others) (hereinafter referred to as the "Act"). The election of the members of the managing committee of a society other than specified societies are to be held as per the bye -laws of such societies whereas, so far as the specified societies covered by section 74C(1) of the Act are concerned, the election is to be held as per Chapter XI -A read with the Rules of 1982.