High Court of Gujarat
DASHRATHLAL RAMJIBHAI PARMARversusPRAJAPATI JASWANTBHAI HORGOVANBHAI
- Decided
- Disposal
- 36-MCA DISPOSED OF
- Bench
- ANIRUDDHA P MAYEE
Holding
The Court stayed the advertisement and any election proceedings until the Board of Nominees decides the Exh.6 application, thereby upholding the earlier court directions.
Summary
Dashrathlal Ramjibhai Parmar filed a Miscellaneous Civil Application seeking to recall the order dated 08‑01‑2026 in Special Civil Application No.205 of 2026 and to restrain respondents 1‑6 from contesting the election of directors of Kheralu Nagarik Sahkari Bank Ltd, as well as to stop the Chief Election Officer (respondent No.7) from proceeding with the voting scheduled for 11‑01‑2026. The applicant argued that the election officer’s advertisement on 10‑01‑2026 violated the specific directions of the earlier order, which required the pending Exh.6 application before the Board of Nominees to be decided first. The respondents contended that the earlier order had been set aside and therefore no bar existed to the election. The Court examined the chronology, noted that the earlier order expressly stayed further election steps until the Board’s decision, and held that the election officer’s actions amounted to an overreach of the court’s process. Consequently, the Court stayed the advertisement and any election proceedings until the Board of Nominees disposes of the Exh.6 application, and disposed of the present Miscellaneous Civil Application without costs.
Issues considered
- What is the effect of the order dated 08‑01‑2026 in Special Civil Application No.205 of 2026 on the conduct of the election and the issuance of the advertisement by the Chief Election Officer?
- Whether the election officer may proceed with the voting schedule despite the pending application (Exh.6) before the Board of Nominees?
Subjects
- election
- stay order
- court direction
- board of nominees
- injunction
- corporate election
- procedural law
- overreach
Judgment
C/MCA/113/2026 ORDER DATED: 10/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 113 of 2026
IN
R/SPECIAL CIVIL APPLICATION/205/2026
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DASHRATHLAL RAMJIBHAI PARMAR
Versus
PRAJAPATI JASWANTBHAI HORGOVANBHAI & ORS.
================================================================
Appearance:
MR P.K.JANI, SR. COUNSEL WITH MR JIGAR G GADHAVI(5613) for the
Applicant(s) : 1
MR DIPAN DESAI(2481) for the Respondent(s) : 1 to 8
None for Respondent(s) : 9
================================================================
CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 10/01/2026
ORAL ORDER
1. Heard Mr. P.K.Jani, learned Senior Counsel for the applicant
and Mr. Dipen Desai, learned advocate for the respondents – original
petitioners.
2. By the present Misc. Civil Application, the applicant is seeking
to recall the order dated 08.01.2026 in Special Civil Application
No.205 of 2026 and further direction that not to allow the
respondent Nos.1 to 6 to contest the election, which has been
declared on 11.01.2026 as per the advertisement dated 10.01.2026.
The applicant – petitioner also seeks a direction to direct the
Election O1cer not to proceed further pursuant to the
advertisement dated 10.01.2026 and not to conduct the voting of
Kheralu Nagrik Sahkari Bank Limited scheduled on 11.01.2026.
3. The learned Senior Counsel Mr. P.K.Jani for the applicant has
submitted that after passing of the order dated 08.01.2026 in
Special Civil Application No.205 of 2026, as per the direction
Page 1 of 4
C/MCA/113/2026 ORDER DATED: 10/01/2026
contained in para ‘4’ thereof, an application was preferred by the
petitioner – applicant before the learned Board of Nominees for
joining the respondent Nos.1 to 6 therein as party to the
proceedings in Lavad Suit No.196 of 2025. The said application was
also served on the said respondents. Accordingly, the learned Joint
Registrar and Member, Board of Nominees, Mehsana has issued
notice dated 09.01.2026 and called upon the respondent Nos.1 to 6
herein for 9ling their reply on application for injunction as well as
Lavad Suit on or before 16.01.2026 and the hearing is slated to be
on said date at 11:00 a.m. It is submitted that in the meanwhile, the
respondent No.7 Chief Election O1cer, Kheralu Nagarik Sahakari
Bank Limited has issued impugned advertisement dated 10.01.2026
in the daily newspaper “Sandesh”, Mehsana edition, declaring that
the voting for the election to the Board of Directors of the Kheralu
Nagarik Sahakari Bank Limited will be held on 11.01.2026 from
8:00 a.m. till 4:00 p.m. Learned Senior Counsel submits that the
said advertisement and the action on behalf of the respondent No.7
is nothing but to overreach the process of this Court. He, therefore,
submits that appropriate orders may be passed.
4. Per contra, Mr. Dipen Desai, learned counsel for the
respondent Nos.1 to 8 submits that pursuant to the order passed by
this Court dated 08.01.2026 in Special Civil Application No.205 of
2026, since the impugned order therein had been quashed and set
aside, the Election O1cer has proceeded further with the election to
the Board of Directors of the Kheralu Nagarik Sahkari Bank Limited
as there was no bar to proceed further. He, therefore, submits that
accordingly an advertisement came to be issued in the daily news
paper “Sandesh”, Mehsana edition, on 10.01.2026 informing all the
voters that the voting shall be held on 11.01.2026. Leaned counsel
further submits that, however, in the present case, appropriate
orders may be passed.
Page 2 of 4
C/MCA/113/2026 ORDER DATED: 10/01/2026
5. Considered the submissions and in the overall facts and
circumstances of the case and further taking into consideration the
fact that when the order dated 08.01.2026 was passed in Special
Civil Application No.205 of 2026, the Special Civil Application No.197
of 2026 preferred by the respondent Nos.7 and 8 also came to be
disposed of in terms of the said order. The respondent Nos.7 and 8
were in complete knowledge of the proceedings. However, still they
have re-initiated the election process and noti9ed that the voting
shall take place on 11.01.2026. This Court while passing the order
dated 08.01.2026 in Special Civil Application No.205 of 2026 has
given speci9c directions and time limit to the parties as well as the
Board of Nominees to hear and decide Exh.6 preferred by the
applicant herein afresh. Despite the same, without waiting for the
dispute to be resolved, the respondent No.7 has proceeded to
declare the voting to be held on 11.01.2026. This Court is of the
prima facie opinion that such action on the part of the respondent
No.7 is nothing, but overreaching the process of law and the
directions passed by this Court in Special Civil Application No.205 of
2026 as well as in Special Civil Application No.197 of 2026 wherein
the respondent No.7 is also a party to the proceedings.
6. Considering the order dated 08.01.2026 in Special Civil
Application No.205 of 2026 and the observations hereinabove, the
advertisement dated 10.01.2026 and the further proceedings
initiated by the respondent No.7 Chief Election O1cer are stayed
till the disposal of the Exh.6 application by the Member, Board of
Nominees, Mehsana in Lavad Suit No.196 of 2025. The respondent
No.7 shall be entitled to re-initiate the election process only after
the copy of the order so passed by the Board of Nominees under
Exh.6 has been served on all the parties concerned.
Page 3 of 4
C/MCA/113/2026 ORDER DATED: 10/01/2026
With the aforesaid directions, the present Misc. Civil
Application is disposed of. No order as to costs.
Direct Service is permitted today.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/01/2026 18:48:25
Page 4 of 4
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