Shaileshbhai Bhulabhai Patel vs State Of Gujarat
2021 Latest Caselaw 17469 Guj

         C/SCA/16620/2021                                ORDER DATED: 18/11/2021



                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 16620 of 2021
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                            SHAILESHBHAI BHULABHAI PATEL
                                        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. 2,3,4,5,6
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                   Date : 18/11/2021

                                    ORAL ORDER

1. Heard Ms.Shruti Pasi, learned advocate for Mr.Archit Jani, learned advocate for the petitioner.

2. It is submitted that the petitioner is seeking direction to the respondent No.5 - Collector & District Magistrate, Surat to hold the election as per Section 74C(1)(v) of the Gujarat Co-operative Societies Act, 1961 of respondent No.6 i.e. Shri Mahuva Pradesh Sahakari Khand Udhyog Mandli Limited. It is submitted that by common CAV judgment dated 27.08.2021 passed by this Court in Special Civil Application No.5301 of 2020 the Gujarat Co-operative Societies (Amendment) Act, 2019, deleting sub-section (1) Clause (5) in Section 74C of the Act of 1961, has been held to be discriminatory and manifestly arbitrary.

3. Considered the submissions made. Issue notice, returnable on 06.12.2021. Direct service is permitted.

(SANGEETA K. VISHEN,J) Hitesh