Loknath Chakrapani Das vs State Of Gujarat
2021 Latest Caselaw 14671 Guj

      C/SCA/13520/2021                           ORDER DATED: 21/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 13520 of 2021
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                         LOKNATH CHAKRAPANI DAS
                                  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
MR.KRUTIK PARIKH, ASSISTANT GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                             Date : 21/09/2021
                              ORAL ORDER

1. Heard Mr.Archit P. Jani, learned advocate appearing for the petitioner. It is submitted that by Gujarat Co-Operative Societies (Amendment) Act, 2019 (hereinafter referred to as the "Amendment Act"), clause (v) i.e. "all co-operative sugar factories" were deleted from the purview of the provisions of Section 74C of the Gujarat Co- Operative Societies Act, 1961. The Amendment Act, was challenged before this Court and this Court, inter alia, declared the amendment as discriminatory inasmuch as, it failed to disclose the object which could be termed as reasonable or in public interest and resultantly, manifestly arbitrary. It is submitted that after the Common CAV judgment dated 27.08.2021 all co-operative sugar factories would be governed by the provisions of Section 74C and the elections are to be held as per the provisions of Chapter XI-A.

2. It is submitted that this Court, in the writ petition being Special Civil Application No.13290 of 2020, on 02.11.2020, passed the order whereby, though the elections were not stayed, it was directed that the elections be held as per the schedule and the results not to be declared and the election would be subject to the final out come of the writ petition. It is further submitted that

C/SCA/13520/2021 ORDER DATED: 21/09/2021

subsequently, vide order dated 05.02.2021, the Special Civil Application, came to be withdrawn and votes were counted and election was declared. However, after the Common CAV judgment dated 27.08.2021, of this Court, the election of the respondent No.6 Mandli, is to be held as per the provisions of Section 74C.

3. Having regard to the submissions made by the learned advocate appearing for the petitioner, issue notice, returnable on 14.10.2021.

4. Direct service is permitted.

(SANGEETA K. VISHEN, J) RAVI P. PATEL