Gujarat High Court
Jasubhai Shivabhai Patel vs The State Of Gujarat on 2 September, 2024
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10996 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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JASUBHAI SHIVABHAI PATEL & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1,2,3
MR G H VIRK, LD. GOVERNMENT PLEADER with MS NIDHI VYAS, AGP for the Respondent(s)
No. 1
MR BHARAT T RAO(697) for the Respondent(s) No. 4
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
Y J BRAHMBHATT(8707) for the Respondent(s) No. 4
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 02/09/2024
ORAL JUDGMENT
1. Issue Rule, returnable forthwith. Ms. Nidhi Vyas, learned
AGP waives service of notice of rule for and on behalf of the
respondent Nos.1,2,3 and Mr. Bharat T. Rao, learned advocate
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with Mr. Y.J. Brahmbhatt, learned advocate waives services of
notice of rule for and on behalf of the respondent No.4.
2. The petitioner No.1 herein is elected Director of
Respondent No.4 - Sabarkantha District Cooperative Milk
Producers' Union Limited. The petitioner No.1 is also the
member of the Managing Committee. The respondent No.4 is a
specified cooperative society within the meaning of Section
74(C) of the Gujarat Cooperative Societies Act, 1961.
2.1 The elections of the members of the Managing
Committee of the respondent No.4 was declared on
30.01.2024. Upon following due procedure, the election was
held on 10.03.2024 and the result was declared on 11.03.2024
wherein, the petitioner No.1 was elected from Malpur
Constituency (Zone - 13) and thereby, the petitioner No.1
became elected Director of the Respondent No.4. It is the case
of the petitioners that as per Section 145(z) of the Gujarat
Cooperative Societies Act, 1961, the elections of the office
bearers or the officers of the society such as Chairman and
Vice Chariman is to be held as per the byelaws of the society
and any meeting for the purpose of such elections shall be
presided by the Collector or an officer nominated by the
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Collector.
2.2 By communication dated 11.03.2024, the respondent
No.4 informed the Collector - the respondent No.2 herein; with
regard to the elections of the Board of Directors and requested
the respondent No.2 to hold the elections of the Chairman and
Vice Chairman of the respondent No.4 - society. Considering
the ensuing Loksabha elections, the respondent No.2 vide
communication dated 22.05.2024 and 05.06.2024 informed to
the respondent No.4 that the elections of the office bearers of
the specified societies cannot be held. It is the case of the
petitioners that the said ground for not holding the elections of
Chairman and Vice Chairman was misconceived as because of
the code of conduct, the elections of the Managing Committee
cannot be held but, there is no bar or any fetter for holding the
elections of the office bearers. The election of NAFED was held
during the continuance of the code of conduct therefore, the
aforesaid reason given by the Collector for not holding the
elections of the office bearers, does not hold good.
2.3 It is the case of the petitioners that upon expiry of the
code of conduct, the Collector - respondent No.2 herein vide
letter dated 10.06.2024 informed the respondent No.4 to send
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a fresh proposal for holding elections of the Chairman and Vice
Chairman of the respondent No.4 - society, duly produced at
Annexure - F to the petition. The respondent No.4 submitted a
fresh proposal on 18.06.2024 to which, various queries came
to be raised by the respondent No.2. The petitioners have been
answering the said queries raised by the respondent No.2 from
time to time. In-spite of the aforesaid, in absence of the
declaration of the elections for Chairman and Vice Chairman of
the respondent No.4 - society, the petitioners herein are
constrained to approach this Court invoking Article 226 of the
Constitution of India, seeking the following reliefs:
"(A) This Hon'ble Court be pleased to issue a writ of mandamus or
writ in the nature of mandamus, or any other appropriate writ,
direction or order commanding the respondent authorities more
particularly, Respondent nos.2 and 3 to declare and hold elections of
the Chairman and Vice Chairman of the Respondent no.4 -
Sabarkantha District Cooperative Milk Producers' Union Limited at the
earliest within such stipulated short time as may be directed by this
Hon'ble Court.
(B) Pending admission, hearing and final disposal of this petition,
this Hon'ble Court be pleased to direct the Respondent no.2 Collector
to issue the agenda for the meeting of Board of Directors for the
purpose of holding elections of Chairman and Vice Chairman of the
Respondent no.4 - Sabarkantha District Cooperative Milk Producers'
Union Limited.
(C) The Hon'ble Court be pleased to grant such other and further
relief in the interest of justice."
3. Mr. Dipan Desai, learned advocate appearing for the
petitioners, submitted that the respondents be directed to
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declare the elections of the Chairman and Vice Chairman of
the respondent No.4 - society. It is submitted that even if there
are any objections that may be raised, the same can be
considered once the Election Officer is appointed by the
respondent No.2. Placing reliance on Section 145(Z) of the
Gujarat Cooperative Societies Act, 1961, it is submitted that
the respondent No.2 herein is required to call for the meeting
or the Collector can nominate an officer on his behalf. It is
submitted that it is at this stage, when the Election Officer is
appointed, even if there are any objection, the same can be
considered by the respondent No.2. It is submitted that the
Loksabha Elections are also over and in view thereof, the
prayers, as prayed for by the petitioners, in the present
petition, be considered.
3.1 Reliance is placed on the ratio laid down in case of
Thakore Sitaji Mohanji and Another vs. The District Registrar,
Co.op. Societies & Deputy Director, Agricultural Marketing and
Rural Finance, Mehsana and Ors., reported in 1996 (2) GLH
416 more particularly, paragraphs 8 and 9. Reliance is also
placed on the ratio laid down in case of Kantilal Rajhuram
Thakkar vs. The Director of Agricultural Marketing & Rural
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Finance & Anr., reported in 1988 (1) GLH 27 more particularly,
paragraphs 3, 4 and 5. Placing reliance on the aforesaid, it is
submitted that though the aforesaid judgments are in case of
APMC, the same would apply to the provisions of the Gujarat
Cooperative Societies Act also. It is submitted that it is in the
interest of justice that the respondent No.2 to call for the
meeting for the said elections in accordance with Section
145(Z) of the Gujarat Cooperative Societies Act, 1961. It is
submitted that the queries raised by the respondent No.2 are
duly answered by the respondent No.4 herein and that, the
same be considered and declare the elections for Chairman
and Vice Chairman.
3.2 Reliance is also placed on the affidavit-in-reply filed by
the respondent No.2 which is duly produced at page 49 to the
petition. Answering the queries raised in paragraph 12 at page
53, it is submitted that all the queries/discrepancies proposed
to, are duly satisfied by the respondent No.4 wherein, the
respondent No.4 herein; (i) with respect to the nominee of the
Sabarkantha District Cooperative Bank Ltd., only letter which
indicated the nomination was submitted without any updated
supporting board resolution, has duly replied vide letter dated
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11.03.2024 duly produced at page 64; (ii) with respect to the
nominee of the Gujarat Cooperative Milk Federation Ltd.
(GCMFF), no supporting document was submitted, has duly
replied vide letter dated 17.03.2017 duly produced at page 71;
and (iii) with respect to the nominee of the National Dairy
Development (NDDB), no supporting document was submitted,
has duly replied vide letter dated 12.07.2024 duly produced at
page 77. Placing reliance on the aforesaid submissions, it is
submitted that all the queries/discrepancies as raised in the
proposal are also answered to be as on date.
3.3 Mr. Desai, learned advocate, submitted that the elections
of the respondent No.4 with respect to the Managing
Committee for which, the results are declared on 11.03.2024,
is not subject matter of challenge before any of the Forums
and in view thereof, there is no reason for not declaring the
elections for Chairman and Vice Chairman for the Managing
Committee of the respondent No.4. It is submitted that even if,
there is a challenge with respect to the elections, placing
reliance on the ratio as referred above, it is submitted that the
elections for the post of Chairman and Vice Chairman cannot
be stalled. It is apprehended that if such election is not held,
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under such circumstances, the custodian would be appointed
under Section 74(D) of the Act. In light of the aforesaid, it is
submitted that the prayers, as prayed for by the petitioner, be
allowed.
4. Mr. G.H. Virk, learned Government Pleader appearing for
the respondent Nos.1, 2 and 3, relied on the affidavit-in-reply
filed by the respondent No.2 and submitted that as such there
is no objection to hold such elections however, there is query a
with respect to the nomination of one Shri Mahesh
Amichandbhai Patel, who is the representative of the
Sabarkantha District Co-operative Bank Ltd., and in view
thereof, the same is sent to the District Registrar, by the
Collector. Placing reliance on the byelaw No.35(C) of the
respondent No.4, it is submitted that once the query would be
answered, if the respondent No.2 would be satisfied,
appropriate steps would be undertaken. It is submitted that in
light of the aforesaid, the respondent No.2 is only waiting for
the reply from the respondent No.3 as the query has been put
before the respondent No.3 by communication dated
05.07.2024 duly produced at page 68 to the petition.
5. Mr. Bharat T. Rao, learned advocate appearing for the
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respondent No.4, has taken the court through the
communication placed on record at page 69, which is a
Resolution by the Sabarkantha District Central Co.op. Bank Ltd.
wherein, by the Resolution No.10(A), it was stated that Shri
Maheshbhai Patel is appointed as nominee of the bank. The
said communication is dated 27.06.2024. The Resolution No.8
came to be passed by the Gujarat Co-operative Milk Marketing
Federation Limited dated 17.02.2023 wherein, one Mr. Jayen
Mehta, is nominated as Federation's representative. It is
submitted that by the communication dated 17.03.2017, one
Shri Meenesh C. Shah, Group Head (CMC), NDDB, Anand, who
was appointed as NDDB's nominee by further communication
dated 12.07.2024 duly produced at page 77 to the petition.
The said communication is communicated to the Managing
Director of the respondent No.4; duly signed by the Executive
Director (Technical) of the NDDB stating that Shri Meenesh C.
Shah, Managing Director, NDDB, continues to be the Principal
Nominee on Board of Sabarkantha Milk Union and Shri Abhijit
Bhattacharjee, General Manager, to be the alternate nominee.
5.1 Placing reliance on the aforesaid, it is submitted that all
the queries as raised by the respondent No.2 are duly satisfied
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by the respondent No.4 herein and in view thereof, the
elections of the Chairman and Vice Chairman of the Managing
Committee of the respondent No.4, be directed to be declared
and the prayers, as prayed for by the petitioners herein, be
allowed.
Analysis:-
6. Having heard the learned advocates appearing for the
respective parties, it emerges that upon elections being held
by the respondent No.4 for the Managing Committee of the
respondent No.4, the result was declared on 11.03.2024. The
respondent No.4 approached the respondent No.2 for holding
elections of the Chairman and Vice Chairman of the
respondent No.4 - society. It appears that in view of the
Loksabha elections; having been declared, the elections of the
office bearers of the specified societies, could not be declared.
6.1 Upon completion of the Loksabha elections, the
petitioners herein vide letter dated 18.07.2024 requested the
respondent No.2 to declare and hold the elections of the
Chairman and Vice Chairman for Managing Committee of the
respondent No.4. On 10.06.2022, the respondent No.2 issued a
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communication to send fresh proposal for holding elections of
Chairman and Vice Chairman of the respondent No.4 - society.
Accordingly, a fresh proposal was send by the respondent No.4
on 18.06.2024.
6.2 From the perusal of the record, it emerges that there has
been various communications exchanged between the
respondent No.2 and the respondent No.4 herein with respect
to the proposal for holding the elections of the Chairman and
Vice Chairman of the respondent No.4 - society. In the
aforesaid background, the petitioners herein have approached
this Court for a direction qua the respondent No.2 to declare
and hold the elections of Chairman and Vice Chairman of the
respondent No.4.
7. At this stage, it is apposite to refer to Section 145(Z) of
the Gujarat Cooperative Societies Act, 1961, which reads thus:
"145Z. Special provision for election of officers of specified societies.
(1) This section shall apply only to election of officers by members
of committees of societies belonging to the categories specified in
Section 74-C.
(2) After the election of the members of the committee or whenever
such election is due, the election of the officer or officers of any such
society shall be held as provided in its bye-laws, but any meeting of
the committee for this purpose shall be presided over by the Collector
or an officer nominated by him in this behalf."
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7.1 It is also apposite to refer to byelaw No.35(C) of the
Sabarkantha Cooperative Milk Producers Union Limited, which
reads thus:
"35(C) One representative of the Gujarat Co-operative Marketing
Federation Ltd. Ananad."
7.2 In case of Kantilal Rajhuram Thakkar vs. The Director of
Agricultural Marketing & Rural Finance & Anr., reported in 1988
(1) GLH 27, the Hon'ble Court held in paragraphs 3, 4 and 5 as
under:
"3. The committee elected its Chairman and Vice-Chairman on
Sept. 19, 1985. Rule 35 of the Gujarat Agricultural Produce Markets
Rules, 1965, inter alia, provides that any person elected as Chairman
or Vice shall hold office for two years from the date of his election as
Chairman or Vice-Chairman, as the case may be. Therefore, the term
of the Chairman and Vice- Chairman, elected on Sept. 19. 1985 came
to an end on September 18, 1987. It. therefore, became necessary to
hold the election of Chairman and Vice-Chairman of the Committee.
The District Registrar of Co-operative Societies and Deputy Director,
Agricultural Marketing and Rural Finance, Mehsana - respondent No. 2
herein - issued notice Annexure 'A' dt. Sept. 14. 1987 for holding of
election of Chairman and Vice-Chairman on Sept. 23. 1987. A meeting
of the Committee was called on Sept. 23. 1987 for the purpose of
electing Chairman and Vice-Chairman. However, by notice Annexure
'B' dated September 21, 1987, the Secretary of the Committee
informed the members of the Committee that the meeting which was
to be held on Sept. 23. 1987, was postponed for administrative
reasons. Thereafter, no notice for holding the meeting of the
Committee for the purpose of electing Chairman and Vice-Chairman
has been given. The grievance of the petitioner is that, there is no
reason or Justification for not holding such meeting and it is the duty of
respondent No. 2 to call meeting of the Committee for the purpose of
electing Chairman and Vice-Chairman. It is in the background of these
facts that the petitioner has moved this court by way of this petition
seeking direction against the respondents to hold the meeting of the
Committee for the purpose of selecting the Chairman and Vice-
Chairman of the Committee.
4. The only ground on which the respondents have resisted this
petition is that, fresh election of Chairman and Vice-Chairman for a
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period of two years, as provided in R. 33 of the aforesaid Rules, is
likely to create complications in view of the fact that the election for
the reconstitution of the Committee has already been held on Nov. 30,
1985. It is submitted that, if new Chairman and Vice-Chairman are
elected under R. 33, they would remain in office for a period of two
years. According to the respondents, this would mean that when the
new Committee comes into existence, it will not be able to elect its
Chairman and Vice-Chairman and this would lead to complications. In
this connection, may attention was drawn to R. 31 of the Rules, which
provides for election of Chairman and Vice-Chairman of the Committee
on its constitution. It is submitted that the Chairman and Vice-
Chairman, who are elected on Sept. 19, 1985, continue to hold office
until new Chairman and Vice-Chairman are elected and, therefore, it is
not necessary to hold election of the Chairman and Vice-Chairman
specially in view of the fact that complications are likely to arise when
the new Committee comes into existence.
5. I do not see any substance in the contentions raised on behalf of
the respondents. Under S. 11(4)(b), the Committee continues to be in
existence and this position, as already observed above, has not been
disputed on behalf of the respondents. Under R. 33, persons who are
elected as Chairman and Vice-Chairman hold office for two years. In
the instant case, the election of the Chairman and Vice-Chairman was
held on Sept. 19, 1985 and, therefore, the term of two years has
expired on Sept. 18, 11987. It was, therefore, necessary to hold fresh
election of Chairman and Vice-Chairman. I fail to see as to how any
Complications will arise on account of the election or reconstitution of
the Committee. Election of the Committee was held on Nov. 30. 1985,
but it has not been reconstituted on account of the election disputes
which are pending, before various authorities. It is because the
Committee has not been reconstituted, that the Committee of which
the petitioner is member continues to be in existence. If the
Committee continues to be in existence, there is no reason why it
should not elect Chairman and Vice-Chairman every two years, as
provided in the Rules. On the reconstitution of the Committee, R. 31 of
the Rules will come into operation and election of the Chairman and
Vice-Chairman of the reconstituted Committee will have to be held.
The term of office of the Chairman and Vice-Chairman of the
Committee cannot extend beyond the term of the Committee.
Therefore, even if the Chairman and Vice-Chairman are, elected for a
period of 2 years, their term will come to an end along with the term of
the Committee, Therefore, the election of new Chairman and Vice-
Chairman on the reconstitution of the Committee does not pose any
problem, as urged on behalf of the respondents. It would appear that,
though it is stated in the notice Annexure 'B' that the Action of
Chairman and Vice-Chairman is postponed on account of
administrative reasons, the respondent No. 2 had decided not to hold
the election of the Chairman and Vice-Chairman for the reasons stated
in the affidavit-in-reply, which are of no substance. It is the duty of the
respondent No. 2 to call the meeting of the Committee for the purpose
of holding election of the Chairman and Vice-Chairman since the term
of the existing Chairman and Vice-Chairman has already expired. The
contentions which are raised on behalf of the respondents are,
therefore, rejected."
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7.3 In case of Thakore Sitaji Mohanji and Another vs. The
District Registrar, Co.op. Societies & Deputy Director,
Agricultural Marketing and Rural Finance, Mehsana and Ors. ,
reported in 1996 (2) GLH 416, the Hon'ble Court held in
paragraphs 8 and 9 as under:
"8. A brief view of the provisions referred to above makes it clear
that once elections take place a duly constituted market committee
comes into existence. Thereafter if election of any one or more
members is set aside for any reason it results in vacancy in the market
committee but does not affect the constitution of market committee
itself. Setting aside of election of one or more person has to be
distinguished from the holding of elections as a whole to be invalid
resulting into a situation as if no elections have been held. So long that
effect is not brought about once a properly constituted market
committee comes into existence as a result of elections, the
subsequent vacancies arising on account of upsetting of the result or
for any other reason whatsoever does not result in rendering the
constitution of market committee itself non existent. Section 16 makes
it abundantly clear that the existence of any vacancy or defect in the
constitution of the market committee, as contradistinguished from non
existence of a duly constituted market committee, does not affect the
legality or validity of the proceedings of the market committee on that
account alone.
9. In view of the aforesaid, if we look at the facts of the present
case, the elections of the petitioners as well as respondents Nos.3 to 8
representing class of persons mentioned in para (i) along with persons
representing class of persons referred to in para (ii) and (iii) of Section
11(1) came to be held on 4.1.1994. The persons representing all the
constituencies formed into a properly constituted market committee
meeting of which was held on 15.2.1994 to elect Chairman and Vice
Chairman in terms of Rule 31. Chairman and Vice Chairman were
elected. It is not the case of any one that the meeting held on
15.2.1994 cannot be considered a meeting of the committee at all nor
is it the case of the petitioner that it cannot be considered as
legitimate outcome of that meeting. So the election of Chairman and
Vice Chairman, once it is held that a properly constituted Market
Committee existed, held its meeting and discharged functions of the
Market Committee, it must necessarily follow that setting aside of
elections of eight persons resulted in causing vacancy albeit only, of
one set of constituency in the Market Committee, which required to be
filled in terms of Section 15. As has been noticed above, as a result of
interim order obtained by petitions in Special Civil Application
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No.10720 of 1995, fresh elections to fill vacancies caused by setting
aside their elections have been stayed. Therefore, notwithstanding
continuing vacancies a market committee consisting of the remaining
members continued to exist and they are under an obligation to act as
market committee in order to discharge their duties giving effect to
various provisions of the Act and the rules made thereunder. That
obligation includes election of Chairman and Vice Chairman on
completion of the terms of the existing Chairman and Vice Chairman
which is a mandatory requirement. The fact that vacancy continues to
exist for one reason or the other cannot be a ground for withholding
holding of meetings for such elections.
It may be pertinent to notice here a decision of this Court in the case of
Kantilal Rajhuram Thakkar v. Director of Agricultural Marketing and
Rural Finance Gujarat and Anr. reported in 29(1) GLR 376. The issue
had arisen on account of hiatus between the expiry of the term of the
existing committee and holding of elections of new committee. Under
the provisions of the Act, the term of an elected committee were to
extend upto the time meeting of newly elected committee is held. The
elections of Chairman and Vice Chairman of such committee which was
deemed to continue until holding of the meeting by the newly elected
committee is held was challenged inter alia on the ground that with
extension of the term of elected committee, the term of Chairman and
Vice Chairman to hold office for two years must also deemed to be
extended. The Court while opining that the office bearers have ceased
to hold office, the moment the term of committee of which they were
members expires, but held that -
"it was therefore necessary to hold fresh elections of Chairman
and Vice Chairman. Election of committee was held on November
30, 1985, but it had not been reconstituted on account of the
election disputes which was pending before various authorities. It
is because the committee had not been reconstituted, that the
committee of which the petitioner was a member continued to be
in existence. If the committee continued to be in existence, there
was no reason why it should not elect Chairman and Vice
Chairman every two years, as provided in the Rules. On the
reconstitution of the Committee, Rule 31 of the Rules would come
into operation and election of the Chairman and Vice Chairman of
the reconstituted committee would have to be held."
8. Considering the position of law, as referred above,
wherein, it is held that the elections of the Chairman and Vice
Chairman could not be stalled on apprehension that the
aforesaid would result in complications. It was further held that
it is the duty of the respondent No.2 to call for the meeting of
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the committee for the purpose of holding elections of
Chairman and Vice Chairman since the term of the existing
Chairman and Vice Chairman had already expired. It is
obligatory to hold the elections of Chairman and Vice Chairman
once the committee is constituted. In the facts of the present
case, as referred above, and considering the documents that
are produced on record, it emerges that the
queries/discrepancies which according to the respondent No.2
are unanswered by the respondent No.4 herein, stand
satisfied, pending the present petition.
8.1 It is apposite to deal with the queries/discrepancies which
are raised by the respondents duly produced to the affidavit-in-
reply at page 53, paragraph 12, which read thus:
"(i) With respect to the nominee of the Sabarkantha District
Cooperative Bank Ltd., only letter which indicated the nomination
was submitted without any updated supporting board resolution."
The aforesaid query is duly satisfied by communication
dated 11.03.2024 whereby, the list of voting delegates of
Sabarkantha District Co-operative Milk Producers Union Limited
for election of Chairman and Vice Chairman as per the byelaw
No.35, sub-section 4 was duly sent to the respondent No.2 -
Collector.
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"(ii) with respect to the nominee of the Gujarat Cooperative Milk
Federation Ltd. (GCMFF), no supporting document was submitted."
The aforesaid query is answered by communication dated
11.02.2023 by Resolution No.8, the Board approved the
nomination of Shri Jayen Mehta, In-charge, M.D., for
nomination of Federation's representative on the Board for
Sabarkantha Milk Union. The aforesaid was communicated by
the respondent No.4 to the respondent No.2 on 12.07.2024.
"(iii) with respect to the nominee of the National Dairy
Development (NDDB), no supporting document was submitted."
The aforesaid query is answered by communication dated
12.07.2024 whereby, the NDDB states that Shri Meenesh C.
Shah was appointed as the Principal Nominee of NDDB on the
Board of Sabarkantha Milk Union and Shri Rajesh Gupta will be
NDDB's alternate nominee on the Board. Shri Meenesh C.
Shah, Managing Director, NDDB continues to be on the Board
of Sabarkantha Milk Union and Shri Abhijit Bhattacharjee,
General Manager be the alternate nominee. The said
communication issued by the approval of the competent
authority.
8.2 Upon perusal of the aforesaid, it emerges that it is not in
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dispute that the respondent No.4 has satisfied all the queries
raised by the respondent No.2 - Collector.
9. The respondent No.4 vide letter dated 11.03.2024,
17.03.2017 and 12.07.2024 respectively, duly produced at
page 64, 71 and 77, replied to the aforesaid
queries/discrepancies raised by the respondent No.2. In view
thereof, the queries/discrepancies raised by the respondent
No.2, stands satisfied more particularly, the query with respect
to the nomination of the bank under the byelaw No.35(C).
10. Taking into consideration the documents that are
produced on record, the respondent No.2 act in accordance
with Section 145(Z) of the Gujarat Cooperative Societies Act,
1961, within a period of three weeks from the date of receipt
of this order. In exercise of extra-ordinary jurisdiction under
Article 226 of the Constitution of India, the present petition is
allowed to the aforesaid extent.
11. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(VAIBHAVI D. NANAVATI,J)
NEHA
