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SCA/9700/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9700 of 2011
=========================================
HARJIBHAI
KHENGARBHAI DESAI REPRESENTATIVE OF UMUA GOPALAK - Petitioner(s)
Versus
ELECTION
OFFICER & 1 - Respondent(s)
=========================================
Appearance :
MR
DIPEN A DESAI for the Petitioner.
Mr.N.J.Shah, Assistant
GOVERNMENT PLEADER for the
Respondents.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 03/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr.Dipen A.Desai, learned counsel appearing for the
petitioner and Mr.N.J.Shah, learned Assistant Government Pleader for
the respondents.
2. From
the arguments of the learned counsel appearing for the petitioner, it
prima facie appears that the nomination paper of the petitioner has
been rejected arbitrarily by fraud. The Registrar, Co-operative
Societies, State of Gujarat Mr. S.N.Joshi is present in the court
today. He states that he has appointed Mr.R.P.Brahmbhatt, Cooperative
Officer(Marketing), office of the District Registrar, Patan as
Administrator of Siddhpur Taluka Kharid Vechan Sahkari Sangh Ltd.
(for short “Sangh”) who works under the Registrar
Mr.S.N.Joshi. Though Registrar is present, but he has not cared to
file any affidavit-in-reply in this matter though the matter was
specifically adjourned for today with an oral direction that the
matter will be finally disposed of today itself since election is
scheduled to be held on 5th August, 2011. Even Administrator and
Election Officer of Sangh have not cared to file any affidavit and
it appears that they want to conceal the alleged fraud played by them
for which they shall file their affidavit-in-reply to the writ
petition by 11.00 a.m. tomorrow and show cause as to why their
personal accountability should not be fixed for interfering in the
election matter by prima facie improper rejection of the nomination
paper of the petitioner by fraud.
3. We
direct Mr.Dipen A.Desai, learned counsel for the petitioner to
implead Siddhpur Taluka Kharid Vechan Sahkari Sangh Ltd., Siddhpur as
respondent no.3 who shall file its affidavit by tomorrow at 11.00
a.m. Additional copy of the writ petition for serving on the
Administrator has been handed over today before us to the District
Registrar, Co-operative societies, respondent no.2. The Administrator
shall also explain in the affidavit as to under what authority he has
got powers to refund the share capital, that too, without original
share certificate when the original certificate is still with the
petitioner which is produced before us and which has been shown to
Mr.N.J.Shah and the Registrar and why action of the Administrator
may not be treated to be malicious in law. Put up this matter
peremptorily at 11.00 on 4th August, 2011.
(V.M.SAHAI,J)
(G.B.SHAH,J)
***vcdarji
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