Case Note & Summary
The petitioners, Kathor Mahila Milk Producers Cooperative Society Ltd. and others, filed a writ petition before the Gujarat High Court seeking a direction to the respondent authorities to delimit the constituencies for the election of the managing committee of the respondent No.5 Union, Surat Tapi District Cooperative Milk Producers Union Limited, a specified cooperative society registered under the Gujarat Cooperative Societies Act, 1961. The petitioners contended that the bye-laws of the Union, particularly Bye-law No.33, provide for a managing committee of maximum 18 members, and Rule 3A of the Gujarat Specified Cooperative Societies (Election to Committees) Rules, 1982 mandates the Collector to delimit constituencies before the publication of the voters list. The Union's area of operation covers Surat and Tapi districts, with Surat having ten talukas and Tapi having seven talukas. The last election was held in 2020, and the term of the managing committee ended in August 2025. The petitioners argued that despite amendments to the bye-laws increasing the number of elected members, the Collector had not undertaken delimitation, and the election process was being initiated without proper delimitation. The respondents, including the State of Gujarat and the Union, opposed the petition, submitting that the election process had already commenced with the publication of the election program and that delimitation was not required as per the existing bye-laws. The Court, after hearing the parties, examined Rule 3A of the Rules, 1982, which obligates the Collector to provide for or approve delimitation of constituencies. The Court noted that the bye-laws of the Union had been amended to increase the number of elected members, necessitating delimitation. The Court held that the Collector has a statutory duty to delimit constituencies before the election process, and failure to do so would render the election invalid. The Court directed the Collector to complete the delimitation exercise within four weeks from the date of the order, and thereafter, the election process may proceed in accordance with law. The petition was disposed of accordingly.
Headnote
A) Cooperative Law - Delimitation of Constituencies - Mandatory Duty of Collector - Rule 3A of Gujarat Specified Cooperative Societies (Election to Committees) Rules, 1982 - The petitioners sought a direction to delimit constituencies for the election of the managing committee of the respondent Union. The Court held that the Collector is obligated under Rule 3A(9) to provide for delimitation prior to publication of voters list. The Court directed the Collector to complete delimitation within four weeks and thereafter proceed with the election process. (Paras 1-7)
Issue of Consideration
Whether the respondent authorities are obligated to delimit the constituencies for the election of the managing committee of the respondent No.5 Union as per its bye-laws and Rule 3A of the Rules, 1982 before proceeding with the election process.
Final Decision
The Court directed the Collector to complete the delimitation of constituencies within four weeks from the date of the order. Thereafter, the election process may proceed in accordance with law. The petition was disposed of.
Law Points
- Delimitation of constituencies is mandatory before election process
- Rule 3A of Gujarat Specified Cooperative Societies (Election to Committees) Rules
- 1982 imposes duty on Collector to delimit or approve delimitation
- Bye-laws of cooperative society must be followed for constituency formation
