Mehsana District Cooperative Milk ... vs State Of Gujarat & 5 on 8 May, 2015
[12.0] In view of the above and for the reasons stated above, all
these petitions succeed. The impugned order dated 17.01.2015 passed
by the respondent No.4 in exercise of powers under Rule 3A(9) of the
Gujarat Specified Cooperative Societies Election to Committee Rules,
1982 is hereby quashed and set aside and it is held that the impugned
order passed by the respondent No.4 is beyond the scope and ambit of
the powers conferred under Rule 3A(9) of the Gujarat Specified
Cooperative Societies Election to Committee Rules, 1982. It is also held
that there cannot be any reservation of seats beyond the number of seats
as provided under Section 74(1B)(i) of the Act, 1961, meaning thereby
there shall be one seat reserved for Schedule Caste or Schedule Tribe
and two seats reserved for women and if the byelaws provide for one
seat reserved for small farmers and marginal farmers, in that case there
can be one seat reserved for marginal / small farmers. It is also held that
while exercising the powers under Rule 3A(9) of the Gujarat Specified
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Cooperative Societies Election to Committee Rules, 1982, the Collector
shall have power to pass an order of delimitation of constituencies and
provide number of constituencies equal to the number of seats
(considering the number of seats provided under the byelaws only). It is
also observed and held that that delimitation of constituencies under
Rule 3A more particularly Rule 3A(9) of the Gujarat Specified
Cooperative Societies Election to Committee Rules, 1982 can also be
territorywise; delimitation of constituencies can be based upon the
objects and activities of the societies for the classes of individual
members since each electorate is to represent the respective members of
a particular area or a particular class, as the case may. That while
exercising the powers under Rule 3A(9) of the Gujarat Specified
Cooperative Societies Election to Committee Rules, 1982, the Collector
has no authority and/or jurisdiction to change and/or alter the number
of seats provided under the byelaws and/or alter/change the allocation
of seats for the class or class of persons/societies. That while exercising
the powers under Rule 3A(9) of the Gujarat Specified Cooperative
Societies Election to Committee Rules, 1982, the Collector would have
jurisdiction to provide the number of constituencies equal to the number
of seats (considering the number of seats as provided under the byelaws
of the society only). It is also observed and held that while exercising the
powers under Rule 3A(9) of the Gujarat Specified Cooperative Societies
Election to Committee Rules, 1982 of delimitation of constituencies and
providing the number of constituencies equal to the number of seats, the
Collector is required to consider the relevant byelaws which are already
approved, however so long as such byelaws are not in conflict with any
of the provisions of the Act, 1961 and/or the Gujarat Specified
Cooperative Societies Election to Committee Rules, 1982. It is also
observed and held that even while providing the reservation for women,
the constituency shall be as per the rotation, as provided under the bye
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laws so that electorate of every constituency shall have a right to elect a
woman candidate rotationwise. The impugned decision dated
17.01.2015 passed by the respondent No.4 not providing any reservation
for the marginal farmers which is provided under the byelaws is also
hereby quashed and set aside. The impugned decision dated 17.01.2015
is also hereby quashed and set aside on the ground that it would create
unequal representation and would breach and/or violate principle of
One Man One Vote and/or equal representation. The respondent No.4 is
hereby directed to pass fresh order of delimitation of constituencies
afresh and after considering the observations made hereinabove,
However the same shall be completed within a period of four months
from today as the election of the members of the Managing Committee
of the petitioner - Milk Producers' Union which is due since May, 2014
can be held. Rule is made absolute to the aforesaid extent in each of the
petitions, however there shall be no order as to costs.