Co-operative election rules override bye-laws, and Collector's delimitation power under the statutory scheme was upheld.

Rule 3-A(8) and Rule 3-A(9) of the Gujarat Specified Co-operative Societies Election to Committee Rules, 1982 were construed as a mandatory scheme for geographical delimitation of constituencies in specified societies. Where the area of operation extends beyond one village, the number of constituencies must correspond to the number of seats, excluding reserved seats, and the Collector has independent power to delimit constituencies before publication of the voters list. The Rules operate notwithstanding contrary bye-laws, so a society's single-constituency bye-law cannot override the statutory election framework. The Court upheld the Collector's delimitation orders and rejected the challenge based on the bye-laws.

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Issues: Whether Rule 3-A(8) and Rule 3-A(9) of the Gujarat Specified Co-operative Societies Election to Committee Rules, 1982 applied to specified cooperative societies whose bye-laws provided for a single constituency, and whether the Collector had authority to delimit constituencies in the manner prescribed by the Rules notwithstanding the bye-laws.

Analysis: Rule 3-A was construed as a scheme for geographical delimitation of constituencies for specified societies. Sub-rule (8) required the number of constituencies to correspond with the number of seats, excluding the reserved seats, once the area of operation extended beyond one village. Sub-rule (9) conferred independent power on the Collector to delimit constituencies before publication of the voters list and expressly operated notwithstanding the bye-laws. The bye-laws of a society could not prevail over the statutory Rules, and any inconsistent bye-law had to yield to the mandatory election framework created under the Act and the Rules. The Court also treated the scheme as serving the constitutional and statutory objective of democratic representation and free and fair elections in cooperative institutions.

Conclusion: Rule 3-A(8) and Rule 3-A(9) were held applicable to the appellant societies, the Collector's delimitation orders were upheld, and the challenge based on the bye-laws failed.

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