HASMUKHBHAI JUGATRAM RAVAL Vs. COLLECTOR SURAT
HIGH COURT OF GUJARAT
HASMUKHBHAI JUGATRAM RAVAL
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(1.) This petition is filed by one of the Shareholders and delegates of the Gujarat Industrial Co-operative Bank Limited which is joined as respondent No. 4. The prayer is that the Collector respondent No. 1 may be directed to take over the election process from respondent No. 4 and hold the election of the delegates after including all members who have been enrolled and admitted upto 31/12/1982 Another prayer is to direct respondent No. 1 to hold the entire election including that of the delegates in accordance with the provisions of sec. 145D of the Gujarat Cc-operative Societies Act 1961 (hereinafter referred to as the Act).
(2.) Now the learned advocate Shri Joshi who appeared on behalf of the petitioner mainly urged two grounds in support of his prayers. The first ground is that the persons who became entitled to vote on 1-7-1981 and thereafter were not included in the voters list. The second ground is that the first respondent the Collector is the only person entitled to hold the election. These are the only two submissions or the points raised which are required to be answered for the purpose of deciding this petition.
(3.) It is an admitted position that this election was to be held for the year 1980-81. It is also an admitted position that a Co-operative year ends on 30th June every year and normally and under the bye-laws the elections are required to be held within a period of three months i. e. by 30th September because before that date a general meeting is required to be held. Now therefore the elections were required to be completed by 30/09/1981 and those elections would be in accordance with the list of voters which existed on 30/06/1981;
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