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CA/4488/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 4488 of 2011
In
MISC.CIVIL
APPLICATION No. 1194 of 2010
In
SPECIAL CIVIL APPLICATION No. 2137 of 2008
=========================================================
KALABHAI
VASTABHAI PATEL & 1 - Petitioner(s)
Versus
K
R RATHOD - CUSTODIAN & 6 - Respondent(s)
=========================================================
Appearance :
MR
PS CHAMPANERI for
Petitioner(s) : 1 - 2.
DS AFF.NOT FILED (N) for Respondent(s) : 1
- 7.
MR BS PATEL for Respondent(s) : 3 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for seeking appropriate directions to
respondent no.2 to publish the final voter list in terms of the
directions contained in para 10(4) of the order dated 15.03.2011
passed in MCA No.1194/10.
This
Court on 06.04.2011 had passed the following order :
“Notice
returnable on 8.4.2011. By interim order it is observed that this
Court at direction No. 10(4) had observed to exclude the members who
have already withdrawn their share capital from their concerned
savings account in the election to be held. Therefore, the
respondent Nos. 1 and 2 shall strictly comply with the said
direction for holding of the election. D.S. is permitted today.”
Pursuant
to the aforesaid direction, Mr.K.R.Rathod, respondent no.1 and
Mr.Dataniya, respondent no. 2 are personally present. Mr.B.S.Patel
appears for the original petitioners.
It
has been explained to respondents no. 1 and 2 that after the amount
of share capital is credited in the Bank account of the concerned
member, if any withdrawal has been made by reduction of the said
balance of the return of the share capital, such persons will be
required to be excluded from the voters list, but if the credit of
the share capital is not withdrawn or balance is consistently
maintained by keeping the said amount intact, their names would be
required to be continued in the voters list.
The
respondents no. 1 and 2 undertake to comply with the aforesaid
direction, if required, by suitably modifying the voters list.
Hence, respondents no.1 and 2 are directed to act accordingly.
Application
disposed of accordingly. D.S. permitted.
(JAYANT
PATEL, J.)
(H.B.
ANTANI, J.)
*bjoy
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