Gohil Lakhubhai Narsungji Rep. of Gudel Anaj Utpadak v. Election Officer of the Khambhatt Taluka Purchase and Sales
2011-10-21
A.J.DESAI, V.M.SAHAI
body2011
DigiLaw.ai
Judgment V.M. Sahai, J.—We have heard Mr. V.C. Vaghela, learned Counsel for the petitioner, Mr. Dilip B. Rana, learned Counsel for Respondent No. 3 and Mr. P.K. Jani, learned Government Pleader with Mr. N.J. Shah, learned Assistant Government Pleader for Respondent No. 1. 2. It is not disputed that the election for specified co-operative societies, as per Section 74 of the Gujarat Co-operative Societies Act, 1961 was to be held, as the term of the present committee expired on 14.10.2011. Election notification was issued by the Collector, Anand on 07.09.2011. The final list of contesting candidates was published on 08.10.2011 to fill-up 15 (fifteen) seats. One of the contesting candidates i.e. Shri Kahadsinh Halubhai Parmar died on 13.10.2011, due to which, the election was countermanded as per Rule 30 of the Gujarat Specified Co-operative Societies Election to Committees Rules, 1982 (‘the Rules’ for short). Rule 30 of the Rules is reproduced below:— “30. Death of candidate before poll.- If a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and (where the Returning Officer is not the Collector himself, he shall report the fact to the Collector) all proceedings with reference to the election shall be commenced a new in all respect as if for a new election; Provided that,— (a) no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll; and (b) no person who has given a notice of withdrawal of his candidature, under Rule 25, before the countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.” 3. This Rule provides that those candidates, who had filled their nomination papers and whose nomination papers were found valid, at the time of the countermanding of the poll, they need not file further nominations. As per Rule 30(b) of the Rules, a person, who had withdrawn his candidature, shall also be eligible for nomination. Other person can file fresh nomination as the election will have to be commenced as a fresh election in all respects. 4. Mr.
As per Rule 30(b) of the Rules, a person, who had withdrawn his candidature, shall also be eligible for nomination. Other person can file fresh nomination as the election will have to be commenced as a fresh election in all respects. 4. Mr. P.K. Jani, learned Government Pleader has urged that if it was a new election provided by Rule 30 of the Rules, the proviso to the said Rule was unnecessary. The Rule making authority has framed the proviso to Rule 30. Rule 30 is not challenged before us, therefore, we need not to go in this question. At this juncture, learned advocate Mr. Vaghela has urged that Rule 30 of the Rules appears to be ambiguous and not in conformity with the scheme of election. We do not find that any relief is claimed in present writ petition for declaring Rule 30 of the Rules ultra-vires or for declaring any proviso illegal and only because of some facts are pleaded in the writ petition, the relief claimed, cannot be granted by this Court. It has been held by the Apex Court in case of Manohar Lal (D) by L.Rs. vs. Ugrasen (D) by L.Rs. & Ors., 2010 (11) SCC 557 and in Para-34 that a Court cannot grant a relief which has not been specifically prayed for, i.e. in absence of any specific prayer. Therefore, this Court is not required to decide the vires of Rule 30 of the Rules. 5. The observation made by this Court, to the effect that nomination made by the candidates, which are valid nominations as provided by Rule 30(a) of the Rules, be treated as valid and those candidates are not required to file fresh nominations and new candidates can also file their nominations. Those candidates who had withdrawn their nominations earlier may also file fresh nomination in view of Rule 30(b). With the aforesaid observations, this petition is disposed of. P P P P P