Gujarat High Court
Bhaveshbhai Jayantibhai Desai vs The Olpad-Sayan-Kim Nagrik Dhiran ... on 26 June, 2014
Author: G.R.Udhwani
Bench: G.R.Udhwani
C/SCA/8944/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8944 of 2014
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BHAVESHBHAI JAYANTIBHAI DESAI....Petitioner(s)
Versus
THE OLPAD-SAYAN-KIM NAGRIK DHIRAN SAHAKARI MANDLI LTD. &
1....Respondent(s)
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Appearance:
MR DHAVAL D VYAS, ADVOCATE for the Petitioner(s) No. 1
MR BAIJU JOSHI, ADVOCATE for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 26/06/2014
ORAL ORDER
1. Draft amendment is granted.
2. The petition is filed questioning the order dated 21.06.2014 passed in Revision Application No.59 of 2014 by the Gujarat State Cooperative Tribunal ( for short "Tribunal" ) constituted under the Gujarat Cooperative Societies Act, 1961 ( for short "the Act" ) whereby the order passed by the Board of Nominees under Section 96 of the Act staying the election of the Board of Directors of the respondentsociety was stayed and the respondentsociety was permitted to hold election which is now scheduled on 28 th June, 2014.
3. Learned counsel for the petitioner referred to various documents placed on record of the petition to attribute various irregularities and illegalities to the respondent in conducting the election as also to point out the objectionable approach of the Page 1 of 4 C/SCA/8944/2014 ORDER Election Officer in filing the revision before the Tribunal. In nutshell, the contention is that, before declaration of the election, the voters list was not appropriately revised to exclude the dead persons or nonresidents within the area of operation of the society. That, though the terms of the Board of the Directors and the President are coterminus, as per the byelaws, their election is required to be held separately. But, in the instant case, without making any publication for election of the Chairman, he has been declared as uncontested electee. That, in contravention of the bye laws, two amongst the three Election Officers appointed by the society were nonmembers and the Election Officer took undue interest in pursuing the matter before the Tribunal, though his role was to act as a neutral authority in facilitating the election. Various such contentions have been raised which have been disputed by the respondent.
4. In nutshell, the contentions raised by the respondent are that, despite the declaration of the election well in advance, none of the objection sought to be canvassed before the Board of Nominees or before this Court were raised, and it was only at the commencement of the election programme that such disputes were raised only with a view to delay the election. It was submitted that, before the Board of Nominees, no details as regards dead or non resident members were placed on record and the Board of Nominees also passed an adinterim order on 3 rd June, 2014, staying the election and fixed the returnable date only on 11th June, 2014, despite the fact the such date could have been fixed before 8th June, 2014, on which date the election was scheduled. It was argued that the respondents were served with the adinterim order of the Board of Nominees only in the afternoon on 7 th June, 2014, and therefore the respondents had no other option but to approach Page 2 of 4 C/SCA/8944/2014 ORDER the Tribunal questioning the adinterim order of the Board of Nominees. It was argued that all the issues sought to be raised herein can always be raised after the election is held in view of the settled legal position that normally the court would not interfere after declaration of the election process.
5. Having considered the rival contentions, it cannot be disputed that the Tribunal is vested with revisional powers. On the facts of the case, it is deemed appropriate to exercise such powers though the adinterim order was being questioned before it. It is settled law that under Article 227 of the Constitution of India, the High Court would not interfere on the mere ground of the authority having exercised the powers wrongly. Unless perversity or illegality or other such parameters are shown warranting interference under Article 227 of the Constitution of India, the High Court would not exercise its powers against such order.
6. Under the circumstances, the petition cannot be entertained on the aforesaid ground as also on the ground that the issues are at large before the Board of Nominees. However, anxiety expressed by the learned counsel for the petitioner is that the election is held in violation of various provisions of byelaws, and once concluded, the Board of Directors elected illegally may start functioning. The anxiety is also that despite nonpublication of the election of the Chairman, he may take over as Chairman immediately after the election of the Board of Directors, after approval from the general body.
7. It is true that the election must be transparent and should reflect the true will of the electorates. However, the dispute sought to be raised can always be raised under Section 96 of the Page 3 of 4 C/SCA/8944/2014 ORDER Act and the proceedings in that regard are pending before the Board of Nominee. In that view of the matter, interest of justice would be served if the Board of Nominee is directed to hear and decide Lavad Case No.74 of 2014 within a specified time after hearing the parties. Accordingly, it is directed that Lavad Case No.74 of 2014 shall be decided by the Board of Nominees within a period of 30 days from the date of receipt of writ of this Court. The Board of Nominees will not unnecessarily adjourn the matter. The parties shall cooperate. All the contentions raised by the parties shall have to be dealt with in accordance with law, without being influenced by the adinterim order passed by the Board of Nominee or the order passed by the Tribunal or any of the observations made in this order.
8. With the aforesaid observations, the petition is not entertained and is disposed of. It is clarified that the electees would not claim equity on the ground of having been elected candidates in the election which is sought to be disputed by the petitioner. Direct service is permitted.
(G.R.UDHWANI, J.) syed/ Page 4 of 4