Gujarat High Court
Jai Ambe Farmers Service Grahak ... vs State Of Gujarat & 4 on 23 January, 2015
Bench: M.R. Shah, G.B.Shah
C/SCA/1566/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1566 of 2015
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JAI AMBE FARMERS SERVICE GRAHAK SAHAKARI MANDALI LTD &
1....Petitioner(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR VC VAGHELA, ADVOCATE for the Petitioner(s) No. 1 2
MR. DHAWAN JAISWAL ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE G.B.SHAH
Date : 23/01/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.0. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed following reliefs:
"B. This Hon'ble Court may be pleased to issue a writ of Mandamus or writ in the nature of prohibition or mandamus or any other appropriate writ, order or direction directing and commanding the respondent authority to hold the election according to the Gujarat Cooperative Societies Act, 1961 and Rules 1965 framed there under ignoring the provisions of amended byelaw no.28(a)(5) of respondent no.5 union;
C. This Hon'ble Court may be pleased to issue appropriate writ order declaring amended byelaw no.28(a)(5) of respondent no.5 union prescribing ineligibility to contest the election as illegal, arbitrary and violative of article 14 of the Constitution of India;
D. This Hon'ble Court may be pleased to issue appropriate writ directing the respondents to accept and include the names of petitioners and other members in the voters list ignoring the provisions of amended byelaw no.28(a)(5) of respondent no.5 union and allow the petitioners to take part in the election of respondent no.5 union;"Page 1 of 3 C/SCA/1566/2015 ORDER
2.0. Number of submissions have been made by Shri V.C. Vaghela, learned advocate for the petitioners on the amended bye law no.28(a)(5) of respondent no.5 union and in support of the reliefs sought in the present petition i.e. directing and / or commanding respondent authority to hold the election ignoring the provisions of amended byelaw no. 28(a)(5) of the respondent no.5 union. However, it is required to be noted and it is not in dispute that as such, the amended the byelaw no. 28(a)(5) of the respondent no.5 union has been amended pursuant to the order passed by the Appellate Authority as far as as back on 03.01.2013 and even the very petitioners challenged the order passed by the Appellate Authority dated 03.01.2013 permitting respondent no.5 union to amend the byelaw, more particularly, byelaw no. 28(a)(5) by way of revision application before the Revisional Authority and as such, the said revision application came to be dismissed by the Revisional Authority on 17.06.2013 and thereafter, the petitioners neither challenge the order passed by the Revisional Authority nor made any grievance with respect to the amended byelaw no. 28(a)(5) nor challenge the order passed by the Revisional Authority. Therefore, since then, the amended byelaw no. 28(a)(5) of the respondent no.5 union is in operation and has been operated. Even otherwise, from the subsequent correspondence made by the petitioners society, it appears that as such the petitioners society accepted the amended byelaw no. 28(a)(5) of the respondent no.5 union, which is now challenged. Only after the election process of the respondent no.5 union has began by the Election Officer / Authorized Officer on 13.01.2015 and the preliminary voters' list came to be published on 13.01.2015 and even the last date for submitting the objection against the preliminary voters' list has expired i.e. 20.01.2015, the petitioners have preferred present Special Civil Application with the aforesaid reliefs.
Page 2 of 3 C/SCA/1566/2015 ORDER3. It is not in dispute and it cannot be said that as such the election process has began. The challenge to the amended byelaw no. 28(a)(5) of the respondent no.5 union by the petitioners now is at a belated stage and if the reliefs, which are prayed / sought in the present Special Civil Application are granted at this stage, then it is likely to disturb the entire election process and is likely to affect other persons also. As per the catena of decisions of the Hon'ble Supreme Court and this Hon'ble Court, no relief can be granted, if it is likely to affect the election process. Under the circumstances, when now election process has already begun and even as observed herein above, the petitioners did challenge the amendment in the byelaw no. 28(a)(5) of the respondent no.5 union in the month of June 2013 and failed and thereafter the petitioners did not carry the matter further and did not challenge the amended byelaw no. 28(a)(5) of the respondent no.5 union, which is challenged now, more particularly, after election process has begun, present petition is not entertained at this stage now as it is likely to disturb the entire election process. Hence, present petition is dismissed.
sd/ (M.R.SHAH, J.) sd/ (G.B.SHAH, J.) Kaushik Page 3 of 3