(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The petitioner has sought to challenge order dated 2.7.2012 of the election officer whereby objection of the petitioner against inclusion of names of respondent nos.3 and 4 in the voters list has been rejected. It was vehemently and repeatedly argued by learned counsel, Mr.Champaneri, that names of respondent nos.3 and 4 could not have been included in the voters list in view of undisputed fact that as on 31st March 2012 those respondents were administered by the administrator and no elected body was in power. He could not substantiate that submission by reference to any legal provision. Thereafter, he submitted that names of delegates of respondent nos.3 and 4 were sent beyond the time limit set in Rule 5 (2) of the Gujarat Specified Cooperative Societies Elections to Committees Rules, 1982. Such objection does not appear to have been taken before the election officer exercising power of Collector, having regard to the contentions dealt with in the impugned order. By virtue of express provisions of Rule 6 (3) of the aforesaid Rules, the objector is required to state the grounds on which his objection is based; and learned counsel also failed to show from any document or material that the objection, as aforesaid, about late submission of names of the delegates was raised before the election officer. Therefore, the impugned order could not be held to be illegal or in any way vulnerable. Therefore, the petition is summarily dismissed. It is clarified that it would be open for the petitioner to raise the same issue with necessary material at appropriate time before appropriate forum including by way of filing election petition.
(D.H.Waghela, J.) (G.B.Shah, J.) *malek Top