Harishbhai Maganbhai Kedaria vs State Of Gujarat
2021 Latest Caselaw 2006 Guj

        C/SCA/16068/2020                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 16068 of 2020
                              With
          R/SPECIAL CIVIL APPLICATION NO. 16184 of 2020
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                    RAJESHKUMAR UMEDBHAI NAYAK
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR. ARCHIT P JANI(7304) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR CHINTAN DAVE, AGP ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP(99) for the Respondent(s) No. 1
MR UMANG H OZA(2440) for the Respondent(s) No. 6,7
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 CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MR. JUSTICE ILESH J. VORA

                           Date : 10/02/2021

                      ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

We have heard Mr. Archit Jani, the learned counsel appearing for the writ­applicant and Mr. B.S. Patel, the learned senior counsel appearing for the respondent no.6 - Society on caveat.

The subject matter of challenge in the present writ­application is to the legality and validity of the Election Rules framed by the Board of Directors of the Society. A preliminary objection has been raised by Mr. Patel as regards the maintainability of the present writ­application. According to him, the impugned Rules framed by the Board of Directors are not statutory in nature and even otherwise a Cooperative Society would not fall within the ambit of State under Article 12 of the Constitution of India. According to Mr. Patel, the remedy lies before the

C/SCA/16068/2020 ORDER

Board of Nominees under Section­96 of the Gujarat Co­operative Societies Act, 1961. We would like both the learned counsel to assist us on this issue of maintainability first.

Post this matter on 19/02/2021. Mr. Patel would like to rely upon few judgments in support of his preliminary objection. One set of all judgments shall be furnished to Mr. Jani, the learned counsel appearing for the writ­applicant and one set shall be placed in the paper­book of the Court by next date of hearing.

(J. B. PARDIWALA, J)

(ILESH J. VORA,J) A. B. VAGHELA