Disposed

Patel Jayeshbhai Chhotabhai v. Election Officer, Ashish Miyatra

Gujarat HC18 Jul 2022SCA/10103/2022

Case brief

AI extract

What is this about?

The Gujarat High Court disposed of a writ petition challenging election results. The court directed the applicant to seek alternative remedies via an election petition under the Gujarat Co-operative Societies Act instead of interfering in the concluded election process.

What did the court decide?

The writ application was disposed of without adjudicating merits; the applicant was directed to file an election petition.

Patel Jayeshbhai Chhotabhai Vs Election Officer, Ashish Miyatra — Election Law | Gujarat HC (2022)

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C/SCA/10103/2022 ORDER DATED: 18/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 10103 of 2022

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=====================================================

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PATEL JAYESHBHAI CHHOTABHAI

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Versus

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ELECTION OFFICER, ASHISH MIYATRA

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=====================================================

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Appearance:

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MR VC VAGHELA(1720) for the Petitioner(s) No. 1
MS NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2

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NOTICE SERVED BY DS for the Respondent(s) No. 3

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=====================================================

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 18/07/2022

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ORAL ORDER

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1. Heard Mr. V.C. Vaghela, the learned advocate appearing for the writ applicant and Ms. Nidhi Vyas, the learned Assistant Government Pleader appearing for the respondent Nos.1 and 2.

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2. The writ applicant herein being aggrieved by the order passed by the respondent No.2 dated 30.05.2022 rejecting the objections filed by the applicant has approached this Court seeking the following prayers under Article 226 of the Constitution of India :- page 9 para 7

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"A. Your Lordships may be pleased to admit
and allow this Petition.

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B. Your Lordships may be pleased to issue

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Page 1 of 4

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C/SCA/10103/2022 ORDER DATED: 18/07/2022

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writ of mandamus or writ in the nature of
mandamus or any other appropriate writ
order or direction to quash and set aside
the order dated 30/05/2022 and further be
pleased to reject the nomination of
Respondent No.3 and restrain the Respondent
No.3 from contesting the election from
zone-2 and also further be pleased to hold
that the nomination of Respondent No.3 is
illegal because it has been proposed by a
society having D class audit classification
and therefore has no right to vote or to be
a proposer for any candidate.

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C. Pending admission and final disposal of
this petition Your Lordships may be pleased
to stay the order dated 30/05/2022 and
further be pleased to reject the nomination
of Respondent No.3 and restrain the
Respondent No.3 from contesting the
election from zone-2 and also further be
pleased to hold that the nomination of
Respondent No.3 is illegal because it has
been proposed by a society having 'D' class
audit classification and therefore has no
right to vote or to be a proposer for any
candidate.

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D. Any other and further relief/s that may
be deem, just and proper may kindly granted
in the interest of justice."

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3. It appears that Notice came to be issued by this Court on 07.06.2022. The election to the aforesaid came to be held on 10.06.2022 and the results are duly declared, the election programme is duly produced at page 19.

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4. In view of this Court it is apposite to relegate the writ applicants to avail the alternative remedy which can be availed under Section 145(U)

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Page 2 of 4

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C/SCA/10103/2022 ORDER DATED: 18/07/2022

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of the Gujarat Co-operative Societies Act,1961.
It is apposite to refer the ratio as laid down
by the Hon'ble Division Bench in AIR 2021
Gujarat 185, relevant paragraph 6.3 which reads
thus :-

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"6.3 In Shri Sant Sagduru Janardan Swami
(Moingiri Maharaj) Sahakari Dugdha Utpadak
Sanstha v. State of Maharashtra [(2001) 8
SCC 509], the Apex Court in the context of
the Maharashtra Co-operative Societies Act,
1960 read with Maharashtra Specified Co-
operative Societies Elections to Committees
Rules, 1971 stated and held,

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“In view of our finding that preparation of
the electoral roll being an intermediate
stage in the process of election of the
Managing Committee of a specified society
and the election process having been set in
motion, it is well settled that the High
Court should not stay the continuation of
the election process even though there may
be some alleged illegality or breach of
rules while preparing the electoral roll.
It is not disputed that the election in
question has already been held and the
result thereof has been stayed by an order
of this Court, and once the result of the
election is declared, it would be open to
the appellants to challenge the election of
the returned candidate. If aggrieved, by
means of an election petition before the
Election Tribunal.” (Para 12)"

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5. This Court has otherwise not assessed the merits on matter. In view of the fact that this Court is inclined to relegate the writ applicant to avail the alternative remedy by filing election petition before the appropriate forum.

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Page 3 of 4

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C/SCA/10103/2022 ORDER DATED: 18/07/2022

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6. It is open for the writ applicant to take all the contentions as available under the law. If such an application is prefer, the respondent authority may consider the same in accordance with law.

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7. The aforesaid writ application stands disposed of.

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(VAIBHAVI D. NANAVATI,J)

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Pallavi

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Page 4 of 4

Patel Jayeshbhai Chhotabhai v. Election Officer, Ashish Miyatra

Case brief

What is this about?

What did the court decide?

Patel Jayeshbhai Chhotabhai v. Election Officer, Ashish Miyatra

Case brief

What is this about?

What did the court decide?

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