SCA/8105/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8105 of 2008 ========================================================= MEHSANA DISTRICT CO-OPERATIVE UNION & 1 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR BS PATEL for Petitioner(s) : 1 - 2.MRS RANJAN B PATEL for Petitioner(s) : 1 - 2. MR JK SHAH, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 10/06/2008 ORAL ORDER
Mr.
BS Patel, learned advocate appears for the petitioners. He has, at
the outset asserted that the order dated 28.4.2008 was at the
relevant time not published in the gazette and accordingly, was not
made public, the petitioners were not aware about the same. He
further submitted that the election programme and other details about
the election which was to be held on 19.5.2008 for which the
programme was notified on 9.5.2008 was, at the relevant time,
forwarded to the respondent No.2 and the said respondent was aware
about the election. Mr Patel also submitted that the respondent No.2
is also one of the directors on the Board of petitioner society and
that therefore also, he was aware about the same. He has submitted
that in backdrop of such facts and circumstances, the election took
place on 19.5.2008 and the results were declared on 19.5.2008.
Thereafter, general body meeting was held on 26.5.2008 about which
also the respondent No.2 was aware. The meeting for election of
chairman and vice-chairman was to be held on 2.6.2008. Mr. Patel
submitted that the respondent No.2 was well aware about all these
facts. He submitted that on 2.6.2008, the meeting did take place, as
per the agenda published earlier, and the election for the post of
chairman and vice-chairman was held. He, in light of such
circumstances, submitted that the proposed action of the respondents
would be against the provisions of the Act and would amount to
restraining elected body to function without hearing. He also
submitted that other petition being SCA No.7349 of 2008 involving and
raising similar issues is pending before this Court and the same is
scheduled for further hearing on 17th June, 2008. The copy
of the notice issued by the Court in the said matter is at page 112
of present petition. In fact, Mr. Patel also relies on the order
passed in the said petition on 13.5.2008. Mr. Patel also submitted
that the petitioners will file their reply / explanation in response
to the letter dated 3.6.2008.
Countering
the submissions of Mr. Patel, Mr. JK Shah, learned AGP, submitted
that when the order dated 28.4.2008 (Annexure A, Page 41) was already
published, in light of the said order it was not open for the
petitioners to proceed with the election because in such a situation,
the election is required to be held by the Collector. It is relevant
that either prior to 19.5.2008 i.e. between 9.5.2008 and 19.5.2008 or
even thereafter until now i.e. 3.6.2008 no actions with regard to the
said election appear to have been taken and now after 15 days since
the election the impugned action is proposed.
In
view of the aforesaid facts and submissions, issue Notice
returnable on 17th June, 2008. In the meanwhile,
status quo is to be maintained. Direct Service is permitted
today.
[K.M.Thaker,
J.]
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