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Kathvada Milk Producer Co-Op. Society ... vs State Of Gujarat on 13 April, 2018 cites

Rajkot Distt Cooperative Bank Ltd vs State Of Gujarat And Ors on 19 November, 2014

31. As stated earlier, the said Rule 3A of the Rules pertains to the delimitation of the constituencies only and does not pertain to the voting rights of the member societies. As such none of the provisions of the Act or Rules prohibit the specified society from framing the Bye-law permitting the voter to cast vote for each of the constituencies. Hence, as rightly submitted by the learned Sr. Advocate Mr.S. N. Shelat, Bye-law 35(1)(A) of the Bye-laws framed Page 64 of 74 C/SCA/1339/2018 CAV JUDGMENT by the respondent Union giving right to the voter i.e. the representative of the member society, to cast one vote for each constituency, could not be said to be contrary or in violation of any of the provisions of the Act or the Rules. As discussed earlier, the Division Bench of this Court in SCA No.10742 of 2009 has specifically upheld the validity of the very Bye-law 35(1)(A) of the respondent Union and the Supreme Court in SLP(C) No.17404 of 2014 had also, keeping in view the said decision of the Division Bench, directed to hold the election as per the said Bye-law 35(1)(A) in the year 2014. The said decisions being in respect of the very Bye-law 35(1)(A), it is difficult to hold that the said Bye-law is not in conformity with the Rule 3A, which basically pertains to the delimitation of the constituencies only.
Supreme Court of India Cites 36 - Cited by 29 - V G Gowda - Full Document

Govindbhai Prabhudas Patel vs Election Officer Of Sabarkantha ... on 8 December, 2014

In this regard, Mr.B. T. Rao has relied upon the decision of the Division Bench of this Court in case of Govindbhai Prabhudas Patel Vs. Election Officer, Sabarkantha District Cooperative Milk Producers' Union Ltd., Special Civil Application No.16613 of 2014 decided on 8.1.2015, in which it has been held inter alia that as per Sub-rule (1) of Rule 18, any person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to fill that seat under the provisions of the Act, Rules and Bye-laws and his name is entered in the list of voters. The only requirement would be that the proposer and seconder should be of the same constituency. Hence, in view of the provisions of the Act and Page 69 of 74 C/SCA/1339/2018 CAV JUDGMENT the Rules, it is always open for the petitioner Society to pass a resolution for sending the name of its candidate to stand at the election, and is open for the Election Officer to consider the nomination form of such candidate in accordance with law. In the case of the petitioner society also, it is expected that the Election Officer shall take appropriate decision in accordance with law. At this stage, no such direction as prayed for could be granted. Subject to the said observations, the petition deserves to be dismissed.
Gujarat High Court Cites 0 - Cited by 1 - Full Document
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