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Gujarat High Court · body

2020 DIGILAW 830 (GUJ)

MAVJIBHAI MAGANBHAI DESAI v. STATE OF GUJARAT

2020-10-05

A.Y.KOGJE

body2020
JUDGMENT : 1. RULE. Learned Assistant Government Pleader waives service of rule on behalf of the respondent-state. 2. This petition under Article 226 of the Constitution of India is filed with the prayers, which are as under: “A. Your Lordships may be pleased to admit and allow this Petition. B. Your Lordships may be pleased to issue a writ of mandamus or writ in nature of mandamus or any other appropriate writ order or direction quashing and setting aside the election notification dated 18.09.2020 issued by respondent N o. 1 declaring various stages of election as being against the Order dated 11.09.2020 passed in Special Civil Application No. 11193 of 2020 and in violation of Section 74(C)(2)(i) of the Act. C. Pending admission and final disposal of this Petition, Your Lordships may be pleased to stay the operation, execution and implementation of notification dated 18.09.2020. D. Any other and further relief/s that may be deem, just and proper may kindly granted in the interest of justice;” 3. By the present petition, the Notification dated 18-09-2020 issued by the respondent – State for declaring election programme of the Banaskantha District Co-operative Milk Producers Union Ltd. has brought under question. It is the case of the petitioner who is the Chairman of Shree Baivada Dudh Udpadak Sahakari Mandali Limited and elected Member of Managing Committee of Banaskantha District Co-operative Milk Producers Union Ltd. and is also Vice President of the society is challenging the declaration of the election. 4. Learned Advocate for the petitioner submitted that earlier the petitioner had filed Special Civil Application No.11193 of 2020 before this Court, which came to be disposed of considering the same as pre-mature. However, this Court had proceeded to observe that the State Authorities shall abide by the Notification dated 25-08-2020 and or other Notification which may have been issued subsequent to Notification dated 25-08-2020. Learned Advocate therefore, draws attention of this Court to the Notification dated 25-08-2020 and submitted that under the said Notification, the term of Executive Committee has been extended till 31-12-2020 and therefore, the declaration of election programme is not only against the directions of the High Court, but also against the spirit of the Notification made in this regard. 5. Learned Advocate therefore, draws attention of this Court to the Notification dated 25-08-2020 and submitted that under the said Notification, the term of Executive Committee has been extended till 31-12-2020 and therefore, the declaration of election programme is not only against the directions of the High Court, but also against the spirit of the Notification made in this regard. 5. It is submitted that the State Government being concerned about the existing situation of Pandemic due to Covid-19, has time and again issued the Notification with regard to conduct of election. He refers to the first Notification dated 24-03-2020 which indicates that on-going Executive Committee is exempted from the provision under Section- 74(C)(2)(iv) of the Gujarat Co-operative Societies Act, 1961 and the tenure of such Executive Committee is extended upto 31-07-2020. It is submitted that thereafter on 30-06-2020, another Notification was issued on account of Unlock-1 declared by the Central Government and permission was thereafter granted to conduct the Election. Attention is thereafter drawn to Notification dated 04-07-2020 to the effect that all these societies are to conduct the elections as per the guidelines under Unlock-2 and only with the permission of the District Collector. It is submitted that it was declared by the Collector, District of Banaskantha himself that Covid-19 situation has worsena, as a result of which 174 areas of Banaskantha District were declared as containment zone and therefore, also practically prevailing situation is not conducive for holding of election. 6. It is submitted that therefore, all the while, it was an attempt on the part of the State Government to avoid conducting of election with due regard to Covid-19 situation and especially such Notification dated 25-08-2020, which has extended the tenure of Committee till 31-12-2020 and therefore, declaration of Election programme by the respondent is not in consonance with the Notification issued from time to time and directions issued by this Court. 7. It is submitted that the petitioner is also Chairman of Banas Medical College and Research Institute which is managed and administered by the Union and therefore, is very much live to the prevailing situation on account of number of Covid-19 positive patients admitted in the hospital run by the Union. 8. It is thereafter, submitted that date on which the elections were conducted is 15-12-2015 and the first Meeting of the Committee took place on 27-12-2015. 8. It is thereafter, submitted that date on which the elections were conducted is 15-12-2015 and the first Meeting of the Committee took place on 27-12-2015. Un-amended Section-74(C)(2) of the Gujarat Cooperative Societies Act, 1961 provided that the tenure of the Committee for the period of 3 years from the date on which the first meeting was hold. Thereafter, the said provision came to be amended in the year 2015, wherein term of the elected members of the Managing Committee was declared to be 5 years, but from the date of election. Accordingly, since the date of election was 15-12-2015, the term of the Committee was of 14-12-2020. Therefore, by declaration the election in the month of October, tenure of the Elected Committee is reduced by two and half month and therefore, it is against the provision of law. In support, it is further submitted that amendment took place in Section-74(C). Sectoin-145 (C) of the Gujarat Co- operative Societies Act, 1961 was already in the statute book, where it is provided that the election shall be held as far as possible one month before the date on which the term of office of the members is due to expire. In the present case, the period of one month prior to expiry of term of office of member is 14-11-2020. Therefore, there was no reason to conduct the election prior to period as required by Section- 145(C). It is also submitted that in so far as Section-145(C) is concerned, there is no amendment in the Act. It is submitted that Section-74(C)(2) is parent section and therefore, will have to be given precedent and therefore, harmoniously construed with Section-145(C). 9. It is lastly submitted that intention of the State Government appears to be not to hold free and fair election and therefore, firstly tenure of term of office is curtailed and thereafter, the election programme is declared, which is not in consonance with the provision of the Gujarat Specified Co-operative Societies Elections to Committees Rules, 1982. Learned Advocate refers to Rule-16, which provides for Appointment of dates, etc., for various stages of an election, where Item No.5 date by which candidature may be withdrawn as specified within 6 days from the date of publication of the list of valid candidatures. Learned Advocate refers to Rule-16, which provides for Appointment of dates, etc., for various stages of an election, where Item No.5 date by which candidature may be withdrawn as specified within 6 days from the date of publication of the list of valid candidatures. In the instance case, list of valid candidates was declared on dash day and as per Column-V of the Notification published date for withdrawal was specified at 08-10- 2020. Therefore, considering the date of 01-10-2020 to be the date of publication of list of valid candidatures. The election officer has provided the period of 8 days in place of 6 days. It is submitted that this 8 days are deliberately given so as to provide an opportunity to concerned persons to arm twisting or influenced candidatures to withdraw their candidature through entire election programme are required to be set aside. 10. As against this, learned AGP has submitted that Affidavit in Reply is already field, but on account of paucity of time, the same has not been placed on record and therefore, furnishes the copy of the Affidavit in reply by Mr. Ferozkhan Babi dated 30-09-2020. With the consent of the Advocate for the petitioner, copy is taken on record with a direction to the Registry to place the original Affidavit in Reply on behalf of the Respondent No.4 on the file. 11. It is submitted that the Election procedure initiated by the State Authority is in consonance with the provisions of law more particularly Section 74C and 145 C of the Cooperative Societies Act. Initially the term of the managing committee was expires on 17.09.2015 and therefore the Collector, Banaskantha appointed the Deputy Collector as an Election Officer to conduct the election procedure of the Banaskantha District Cooperative Milk Producers Union Limited (the Union). 12. It is submitted that as certain disputes were arose and the issue was carried before this Hon’ble Court by preferring Special Civil Application no. 14948 of 2015, wherein the Ld. Single Judge of this Hon’ble Court vide common oral Judgment dated 03.11.2015 directed the State Authority to immediately start with the election process from the stage of finalization of the voter list and to complete the entire process on or before 17.12.2015. 14948 of 2015, wherein the Ld. Single Judge of this Hon’ble Court vide common oral Judgment dated 03.11.2015 directed the State Authority to immediately start with the election process from the stage of finalization of the voter list and to complete the entire process on or before 17.12.2015. Accordingly the earlier election procedure was initiated and completed on 15.12.2015 and the first meeting of the Union was held on 27.12.2015 and the term of the Managing Committee expires in the month of December, 2020. 13. It is submitted that as the term of the managing committee expiring in the month of December, 2020, the respondent was authorized to undertake the election. procedure of the election of the Managing Committee of the Union and accordingly on 18.09.2020 the election program was published by fixing various stages of the Election of the Managing Committee of the Union as provided under the Election Rules of 1982. Wherein the last date for filing nomination forms was provided as 29.09.2020, the date for scrutiny of the nomination form is fix on 30.09.2020, the date for publication of valid nomination form is provided as 01.10.2020 and the last date for withdrawal of nomination form is provided as 08.10.2020. The date of election is fix on 19.10.2020, the counting will be taken place on 20.10.2020 and the result will be declared on 20.10.2020. 14. It is submitted that as per S.74C(2)(i) of the Cooperative Societies Act, the term of the elected members of the managing committee shall be five years from the date of the election. The provision is to be read with S.145C of the Cooperative Societies Act which provides for Time when election to be held. Respondent is relying upon the ratio laid down in the Judgment delivered by the Ld. Single Judge of this Court passed in the case of Nanubhai Vithalbhai Vaghani Vs. State of Gujarat reported in 2003 (1) GLR 432 . 15. It is submitted that election procedure is initiated keeping in mind that the same to be competed one month prior before the date on which the term of office bearer is due to expire. Single Judge of this Court passed in the case of Nanubhai Vithalbhai Vaghani Vs. State of Gujarat reported in 2003 (1) GLR 432 . 15. It is submitted that election procedure is initiated keeping in mind that the same to be competed one month prior before the date on which the term of office bearer is due to expire. Here in a given case, the result will declare on 20.10.2020 and thereafter the further procedure as provided u/s. 145Z of the Cooperative Societies Act will take approximately 30 days time to complete the procedure which provides for conveying the meeting of the committee to elect the chairman and vice chairman of the Managing Committee of the Union and from that date the new term will commenced and therefore the contention as raised by the petitioner that in view of election program declared on 18.09.2020, the term of the present committee will curtail by two months is not correct. 16. It is submitted against them contention raised by the petitioner that the various stages of election programme fixed by the respondent authorities is not in conformity with the provisions of Rule 16 of 1982 Rules. It is submitted that sub Cl (v) is relevant in connection to the contention raised by the petitioner which provides for the date by which the candidature be withdrawn. The rule provides that “Within 6 days from the date of publication of the list of valid candidatures.” Here looking to the facts of the case the date for publication of valid nomination form is provided as 01.10.2020 and therefore six days will count after that date but in between on 02.10.2020 the public holiday will come and therefore the last day for withdrawal is provided as 08.10.2020 by considering six days as provided under the provisions Rule 16 of the Election Rules 1982. 17. It is submitted that the Notification dated 25.08.2020 be perused, the same will be applicable in the cases in which the election procedure cannot be held though the term of the committee expires in view of covid-19 pandemic situation the term of the managing committee was extended till 31.12.2020. 17. It is submitted that the Notification dated 25.08.2020 be perused, the same will be applicable in the cases in which the election procedure cannot be held though the term of the committee expires in view of covid-19 pandemic situation the term of the managing committee was extended till 31.12.2020. And in a given case, the term of the managing committee is expiring in the month of December, 2020 and therefore the extension given vide notification dated 25.08.2020 will not be applicable in the facts of the present case and therefore the election procedure initiated by the answering respondent vide notification dated 18.09.2020 is initiated in accordance with law after keeping in mind the instruction issued by the State Government through various notification regarding Covid-19 pandemic situation in the State of Gujarat. So far as election of the managing committee of the Union the State Authority is to see that the same be conducted after following due guidelines issued in connection with Covid19 pandemic and to conduct with proper safety and precautions and therefore there is no disrespect to the order dated 11.09.2020 by this Hon’ble Court in Special Civil Application no. 11193 of 2020. 18. Reliance is placed on decision of Hon’ble Apex Court in the case of Shaji K. Joseph Vs. V.Vishwanath and others reported in 2016 (4) SCC 429 , the election procedure once initiated cannot be set aside after commencement of election process and therefore in view of the aforesaid factual matrix the answering respondent be allowed to proceed further with the steps in the direction of holding of free and fair election of the managing committee of the Union and all disputes which are raised in the present petition may be allowed to be raised after the election is completed in the election petition if any, as the election program is already published. 19. Learned Senior Advocate Shri Prakash Jani appearing on behalf of the Banaskantha District Co-operative Milk Producers Union Ltd. whose election is in question, submitted that Milk Union is an interested party and therefore, ought to have been joined as party-respondent. However, separate application is moved by the Union for joining as party-respondent. Said matter is already filed, however, is not listed today. He therefore, requests the Court to adjourn this matter by two days, so that the application can also be brought on record. 20. However, separate application is moved by the Union for joining as party-respondent. Said matter is already filed, however, is not listed today. He therefore, requests the Court to adjourn this matter by two days, so that the application can also be brought on record. 20. At this stage, learned Advocate for the petitioner has strongly objected on the ground that filing of such application, is delay tactic adopted to frustrate the petition itself and render it infractuous. He has therefore, strongly objected to adjournment. At the same time, learned Advocate for the petitioner submitted that he has no objection, if Shri Jani is heard on behalf of the Banaskantha District Co-operative Milk Producers Union Ltd. 21. It is submitted that Banaskantha District Co-operative Milk Producers Union Ltd. has filed the civil application for joining as party in the captioned writ petition. It is submitted that Banaskantha District Cooperative Milk Producers Union Ltd. is a cooperative union of milk producers of Banaskantha District and 2 talukas of Patan District (herein after referred to as the co-operative union). It has 1207 primary co-operative societies as its members. 22. It is submitted that the election of the members of the committee of cooperative union was last held in the year 2015 and the same had become due. That, for that purpose, the managing director of cooperative union had addressed the letter to all the primary co-operative societies to send their representatives’ name to co-operative union for preparation of preliminary voters’ list. It is submitted that the meeting of members of the committee of co-operative union had taken place on 26th July, 2020 wherein it was resolved to give authorization to 7 officers to file and defend the proceedings on behalf of the co-operative union. The said meeting was attended by the members of the managing committee wherein petitioner who is Vice-Chairman of the co-operative union was present and he has approved the resolution. The said resolution was approved by a unanimous vote. This shows that the petitioner was fully aware of the ensuing election of the co- operative union. 23. It is submitted that provisional list of voters was prepared by the cooperative union and the same was given to the election officer. It is submitted that election officer was appointed by the order of the collector. This shows that the petitioner was fully aware of the ensuing election of the co- operative union. 23. It is submitted that provisional list of voters was prepared by the cooperative union and the same was given to the election officer. It is submitted that election officer was appointed by the order of the collector. It is submitted that election officer invited suggestion and objection of all affected persons by order dated 26th August, 2020. 24. It is submitted that there are 16 constituencies out of which in 10 constituencies, only one candidate filed the nomination and therefore, those candidates are declared as elected unopposed. Now, for 6 seats constituencies, elections would be required to be held if the nomination forms are not withdrawn upto 8th October, 2020. It is submitted that petitioner has shown himself as the Vice-Chairman of co-operative union. However, it is stated that co-operative union has not authorized the petitioner to file this petition. The petitioner has by now filed 3 writ petitions with different prayers. All the prayers contained in these petitions will go to show that petitioner is interested in delaying the process of election. 25. It is submitted that the petitioner himself has filed the nomination form to contest the election from Deesa seat-constituency. This shows that the petitioner wants to contest the election and at the same time, seeks relief from this Hon’ble Count to stall the process of election. The petitioner, having participated in the process of election by filing the nomination form, now, it is not open to challenge the process of the very same election. It is submitted that the co-operative union has no objection if the date of withdrawal of nomination form is preponed to 1 day. However, it is submitted that period of 1 day is, not in any manner, affects anyone’s legal right. The objection taken by the petitioner, on this score, is technical one. 26. It is submitted that under Section 74C(4) of the Gujarat Co-operative Societies Act, 1961, the election of members of committee is required to be held prior to the end of the term of existing committee. It is submitted that even after the election of committee, certain time will be consumed for election of Chairman and Vice Chairman. It is submitted that this election has around 100 voters per constituency in different talukas. The voting period is of 8 hours duration. It is submitted that even after the election of committee, certain time will be consumed for election of Chairman and Vice Chairman. It is submitted that this election has around 100 voters per constituency in different talukas. The voting period is of 8 hours duration. It is submitted that voting will take place strictly observing COVID-19 norms. 27. Having considered the rival submissions of the parties and having perused the documents on record, it appears that Banaskantha District Co-operative Milk Producers Union Ltd. is a cooperative union of milk producers of Banaskantha District and 2 talukas of Patan District (herein after referred to as the co-operative union). It has 1207 primary co-operative societies as its members. The petitioner is the Chairman of Shri Baivada Milk Producers Cooperative Society Limited. Shri Baivada Dudh Udpadak Sahakari Mandali Limited is a primary cooperative Milk Producers Society situated at Village Baivada in Deesa Taluka of Banaskantha District. It is a registered Cooperative Milk Producing Society Limited registered under the provisions of the Gujarat Cooperative Societies Act, 1961. It has been registered on 12.06.1978 and its registration No. is 15334. The petitioner society is a member of the Banaskantha District Cooperative Milk Producers Union Limited which is a specified cooperative society registered under the provisions of the Gujarat Cooperative Societies Act, 1961 for Banaskantha District. The members societies situated in Banaskantha District procure milk from its members and supply it to the District Union which is a federal society. In the last election held in the year 2015, the petitioner was elected as member of Managing Committee from Deesa constituency and have been successful in getting elected as the Vice Chairman of Union. 28. First contention with regard to the various Notification issued by the State Government pertains to delay with an extra ordinary situation faced on account of Covid-19 Pandemic. The first Notification was issued on 24-03-2020, which exempted the Executive Committee from Section-74(C)(2)(iv) of the Gujarat Co-operative Societies Act, 1961 upto 31-07-2020 and tenure of the existing Committee was extended till 31-07-2020. Said Section-74(C)(2) (iv) of the Gujarat Co-operative Societies Act, 1961 reads as under: “(iv) The elected members of the managing committee and its office bearers shall cease to hold the office on the date of expiry of their term.” 29. Said Section-74(C)(2) (iv) of the Gujarat Co-operative Societies Act, 1961 reads as under: “(iv) The elected members of the managing committee and its office bearers shall cease to hold the office on the date of expiry of their term.” 29. Thereafter, the Notification was issued on 30-06-2020, which was issued pursuant to the Unlock-1, declared by the Central Government, whereby the permission was granted for conducting the election for the specified societies by taking into consideration the guidelines and relaxation and taking into consideration the containment and micro containment zone. By Notification dated 04-07-2020 in furtherance to the earlier Notification pursuant to Unlock-2. However, by strictly complying with the norms declared under Unlock-2 and maintaining social distancing and with the prior permission of District Collector, the requirement of permission of the District Collector appears to be a necessary safeguard. As the prevailing situation can be assessed by the District Collector and accordingly, permission may or may not be given. From this Notification, it is amply clear that during the Lockdown, the intention of the State Government was to prevent any election process and for that purpose, the tenure of term of elected Executive Committee was extended. However, with the subsequent Notification, the intention of the State Government was very clear to proceed with the conduct of an election, but in restricted manner, Considering the prevailing situation and complying with the guidelines given. If the Notification dated 25-08-2020 is perused, under the said Notification it is declared that the Executive Committee is exempted from the provision of Section-74(C)(2)(iv) and the term of office of the Executive Committee is extended till the date of election or till 31-12- 2020, whichever is earlier. The plain reading of the aforesaid, does not support the contention of the petitioner that with due regard to the existing Covid-19 situation, the intention of the State was to extend the term of office of Executive Committee till 31-12-2020. In fact, the Notification provides that the term of office of the Executive Committee is till the election date or 31-12-2020, whichever is earlier. The Notification issued by the State Government is providing broad guidelines to all the Societies of the State. In fact, the Notification provides that the term of office of the Executive Committee is till the election date or 31-12-2020, whichever is earlier. The Notification issued by the State Government is providing broad guidelines to all the Societies of the State. It cannot be construed with such Notification made for the Banaskantha District Co-operative Milk Producers Union Ltd. alone and therefore, by keeping the date of expiry of term of office of the Executive Committee of Milk Union, this Notification issued with an intention to curtail the term of office of the petitioner. 30. It is pertinent to note that the directions issued by this Court in order dated 11-09-2020 passed in Special Civil Application No.11193 of 2020, directing to State Authorities to abide by the Notification dated 25-08- 2020, cannot said to be disregarded, when the election was declared as discussed herein above. The Notification itself provides for term of office till the date of election or 31-12-2020, whichever is earlier. Over and above this, when the Notification of 04-07-2020 provides for sufficient safeguard in conducting the election including the discretion available with the District Collector for granting the permission obviously by considering the ground reality concept of holding an election as per the provision of law, cannot said to be disturbed. It is pertinent to observe that in the present election, practically, this election is to be conducted for 16 constituencies, wherein 10 constituencies candidates are declared elected as unopposed and election only with regard to the 6 constituencies is took place. Going by the submission made on behalf of the Milk Union, each of such constituencies, having approximately 100 voters and period of 8 hours duration and safeguard provided for Collector to take a decision, the Court is of the view that the Notification referred to by the petitioner would not come in way of smooth conducting of election. 31. With regard to the submission made by the petitioner on ground of Rule-16 of the Gujarat Specified Co-operative Societies Elections to Committees Rules, 1982, the same provides for the time table giving Appointment of dates, etc., for various stages of an election. It is the case of the petitioner that the Column-V pertains to date by which the candidature may be withdrawn within 6 days from the date of publication of the list of valid candidates. It is the case of the petitioner that the Column-V pertains to date by which the candidature may be withdrawn within 6 days from the date of publication of the list of valid candidates. From the election programme declared, date on which list of valid candidates is to be published is 01- 10-2020 and the date on which withdrawal of candidature is permitted is 08-10-2020. Therefore, there are 8 days as per the petitioner, but if the date of publication is to be excluded, then 7 days are available, it is the case of the petitioner that the extra one day would be utilized for the purpose of arm twisting or influencing the candidates to withdraw from the candidature does not deserves any consideration due to lack of any necessary particulars. In the election process, if such contention are to be raised, have to be substituted with necessary facts. In absence of such facts, the Court is not inclined to examine this issue merely on the submission that the period of 2 extra days would be utilized for arm twisting or influencing the candidates for withdrawing their candidature. However, on behalf of the Union, submission is made that there would be no objection instead of 08-10-2020, if the date for withdrawal of the candidature can be declared as 07-10-2020.On account of such consensus, without entering into merits and as the change in the date is not likely to hamper on-going process of election as is held in the case of Election Commission of India Vs. Ashokkumar, wherein, the Hon’ble Apex Court had held as under: “32. For convenience sake we would now generally sum up our conclusions by partly restating what the two Constitution Benches have already said and then adding by clarifying what follows therefrom in view of the analysis made by us hereinabove:- (1) If an election, (the term election being widely interpreted so as to include all steps and entire proceedings commencing from the date of notification of election till the date of declaration of result) is to be called in question and which questioning may have the effect of interrupting, obstructing or protracting the election proceedings in any manner, the invoking of judicial remedy has to be postponed till after the completing of proceedings in elections. (2) Any decision sought and rendered will not amount to calling in question an election if it subserves the progress of the election and facilitates the completion of the election. Anything done towards completing or in furtherance of the election proceedings cannot be described as questioning the election. (3) Subject to the above, the action taken or orders issued by Election Commission are open to judicial review on the well-settled parameters which enable judicial review of decisions of statutory bodies such as on a case of mala fide or arbitrary exercise of power being made out or the statutory body being shown to have acted in breach of law. (4) Without interrupting, obstructing or delaying the progress of the election proceedings, judicial intervention is available if assistance of the Court has been sought for merely to correct or smoothen the progress of the election proceedings, to remove the obstacles therein, or to preserve a vital piece of evidence if the same would be lost or destroyed or rendered irretrievable by the time the results are declared and stage is set for invoking the jurisdiction of the Court. (Emphasis supplied) (5) The Court must be very circumspect and act with caution while entertaining any election dispute though not hit by the bar of Article 329(b) but brought to it during the pendency of election proceedings. The Court must guard against any attempt at retarding, interrupting, protracting or stalling of the election proceedings. Care has to be taken to see that there is no attempt to utilise the courts indulgence by filing a petition outwardly innocuous but essentially a subterfuge or pretext for achieving an ulterior or hidden end. Needless to say that in the very nature of the things the Court would act with reluctance and shall not act except on a clear and strong case for its intervention having been made out by raising the pleas with particulars and precision and supporting the same by necessary material. 32. With regard to the contention, Section-74(C)(2) of the Gujarat Cooperative Societies Act, 1961, which provides for the term of elected Members of the Managing Committee to be 5 years from the date of election. Section-74(C)(2) of the Gujarat Co-operative Societies Act, 1961, is as under: “Section-74(C)(2)(i)- “The term of the elected Members of the Managing Committee shall be five years from the date of election. Section-74(C)(2) of the Gujarat Co-operative Societies Act, 1961, is as under: “Section-74(C)(2)(i)- “The term of the elected Members of the Managing Committee shall be five years from the date of election. (ii) The term of the office bearers of the managing committee shall be two and a half years from the date of election. (iii) The Managing committee shall fill up a casual vacancy within a period of sixty days from the date of such vacancy, failing which the State Government shall have the powers to fill up such casual vacancy out of the same, class of categories of members in respect of which the casual vacancy has arisen if the remaining term of the office of the managing committee is less than half of its original term. (iv) The elected members of the managing committee and its office bearers shall cease to hold the office on the date of expiry of their term. (v) Notwithstanding anything contained in clause (ii), the office bearers of managing committee who have completed two and half years on the date of commencement of the Gujarat Cooperative Societies (Amendment) Act, 2015, shall continue to be such office-bearer for the remaining term. (vi) Nothing in clause (i) shall be applicable to the Managing committee existing on the date of coming into force of the Gujarat Cooperative Societies (Amendment) Act, 2015. (vii) The office bearers of the managing committee shall be eligible for re-election.” 33. In the present case, the date of previous election is 15-12-2015 and as per Section-74(C)(2)(i), the term of office is still 14-12-2020. The Notification with regard to the election was on 18-09-2020, wherein the date of election was scheduled on 19-10-2020 and the declaration of result is 20-10-2020. The period between 20-10-2020 to 14-12-2020 is 55 days. This Court in the judgment of Nanubhai Vithalbhai Vaghani vs. State Of Gujarat And Ors reported in 2003 (1) GLR 432 , in Para-5 held as under: “5. Considering the overall facts and circumstances of the case, and more particularly in view of the provisions of Section 145(c) of the Act, I am of the opinion that it is obligatory on the part of the authority to initiate the process for holding the election of the members of the Managing Committee of a specified co-operative society and to complete the same one month prior to the expiry of the statutory term. There is no dispute on the point that the statutory term of the members of the Managing Committee has expired on 31-3-2002. Considering the fact that the term was to expired on 31-3-2002, it is obligatory on part of the authorities to hold election to initiate the process and to hold election and to complete the same prior to one month from the date of expiry of the statutory term. However, no steps are taken, and therefore, I find it proper to give direction to the Deputy Collector who is a election authority to initiate the process of election and to hold the election of the Managing Committee of respondent No. 3-Bank as per existing bye-laws of the society on the basis of the voters' list existing on 31-3-2002 and the said election must be completed within a period of three months from today.” 34. Sectoin-145 (C) of the Gujarat Co-operative Societies Act, 1961 provides for holding an election as far as possible one month prior to the date on which the term of office of the Members is due to expire. The joint reading of provision of Section-74(C)(2)(and Section-74(C)(2) (iv) with Section-145(C) of the Gujarat Co-operative Societies Act, 1961, the intention of legislature was to provide for situation where there is smooth transition between incoming and outgoing body and balance is struck for exercise of powers by respective bodies during their respective term of office. Action on the part of the election officer in declaring the election, cannot be seen to be action to curtail the tenure of the petitioner by 3 months or by 55 days as is contended. It is provided in fact the requirement of Section-145(C) to hold the election prior to the date on which, term of office of members is due to expire. The petitioner is unable to bring anything on record to concretely establish declaration of election programme was with intention to curtail tenure of the petitioner. Though it may be consequence of such declaration. Therefore, no case is made out for interfering with the election programme on this count. 35. The Court can draw support from the judgment of the Hon’ble Apex Court in the case of Shaji K Joseph vs. V.Viswanath & Ors reported in 2016 (4) SCC 429 , in Para-14 and Para-15, held as under: “14. Therefore, no case is made out for interfering with the election programme on this count. 35. The Court can draw support from the judgment of the Hon’ble Apex Court in the case of Shaji K Joseph vs. V.Viswanath & Ors reported in 2016 (4) SCC 429 , in Para-14 and Para-15, held as under: “14. In our opinion, the High Court was not right in interfering with the process of election especially when the process of election had started upon publication of the election program on 27th January, 2011 and more particularly when an alternative statutory remedy was available to Respondent no.1 by way of referring the dispute to the Central Government as per the provisions of Section 5 of the Act read with Regulation 20 of the Regulations. So far as the issue with regard to eligibility of Respondent no.1 for contesting the election is concerned, though prima facie it appears that Respondent no.1 could contest the election, we do not propose to go into the said issue because, in our opinion, as per the settled law, the High Court should not have interfered with the election after the process of election had commenced. The judgments referred to hereinabove clearly show the settled position of law to the effect that whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the courts, possibly no election would be completed without court’s order. Very often, for frivolous reasons candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated. For the aforestated reasons, this Court has taken a view that all disputes with regard to election should be dealt with only after completion of the election. 15. This Court, in Ponnuswami v. Returning Officer (supra) has held that once the election process starts, it would not be proper for the courts to interfere with the election process. Similar view was taken by this Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra (supra).” 36. 15. This Court, in Ponnuswami v. Returning Officer (supra) has held that once the election process starts, it would not be proper for the courts to interfere with the election process. Similar view was taken by this Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra (supra).” 36. In view of the aforesaid discussion, the Court is not inclined to interfere with the on-going election process either on the issue of Section-74(C) (2) read with Section-145(C) or on the count of Notification issued by the State Government in connection with the Covid-19 pandemic situation. 37. However, considering the provision of Rule-16 of the Gujarat Specified Co-operative Societies Elections to Committees Rules, 1982, more particularly Column-V providing for date by which the candidature may be withdrawn. Notification issued under Rule-16 bearing reference No.MBHY/B.KA.JI.D.U.SANGH/CHUTNI/VASHI/4479/2020, dated 18-09-2020, in Column No.6, date 08-10-2020 is to be substituted by date 07-10-2020. To aforesaid extent only, the petition is allowed. Rule is made absolute to aforesaid extent with no order as to costs. The Respondent No.4 is directed to amend the date by which the candidature may be withdrawn accordingly. Direct service is permitted.