J.N.BHATT - (1.) Rule. Service of rule is waived by the learned advocates appearing for respective various respondents. Upon request and in view of the urgency in the matter and since the polling of election of the Managing Committee of Shri Rajkot District Co-operative Bank Limited (`Bank' for short), is scheduled to be held tomorrow i.e. on 27.4.2000 and common questions are raised, they are being disposed of by this common judgement as requested. SCA NO. 2450 OF 2000
(2.) This petition is filed by a Co-operative Society - Bank registered under the Gujarat Co-operative Societies Act, 1961 (`Act of 1961' for short) against the returning officer for election of the Managing Committee of the Bank and 62 other respondents who are affiliated Co-operative Societies to the specified Co-operative Society - Bank whose names are included in the final voters' list for the said election, who were in the preliminary list of the voters, were shown as disqualified being defaulters in payment of dues of the bank. For the sake of convenience and brevity, this petition is referred to, hereinafter, as the "first petition".
(3.) The main contention in the petition is that as a part of political design of the party in power in the State of Gujarat and with a view to ensure that the supporters of one Vithalbhai Radadia, shifted to a constituency to which they did not belong by including the names of 63 specified societies in the final voters list. In short, the allegation is that the impugned action is taken with a view to tilt the balance and disturb the constituency in such a fashion that the supporters of Mr. Radadia did not get elected, though the respondents affiliated societies were defaulters.;