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SCA/1240/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1240 of 2010
=========================================================
DESAI
BABUBHAI KARAMSIBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
VC VAGHELA for
Petitioner(s) : 1,
MS TRUSHA K PATEL, ASSTTT. GOVERNMENT PLEADER
for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 2 - 6.
MR
HM JADEJA for Respondent(s) : 5,
MR DIPEN A DESAI for
Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 21/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
The petitioner has invoked
Articles 14, 19 and 226 of the Constitution to challenge order dated
18.01.2010 of the Authorized Officer and Cooperation Officer, Patan,
whereby the objection of the petitioner against inclusion in the
voters’ list of members of the Committee of respondent No.6 –
Cooperative Society is
rejected.
It
was argued by learned counsel Mr.Vaghela that respondent No.6 –
Society was existing in violation of the Gujarat Cooperative
Societies Act, 1961, insofar as it was constituted
with the signatures of such persons who had passed away at the
relevant time. He, on that basis, submitted that the existence and
management of respondent No.6 – Society was fraudulent and the
petitioner has in fact already lodged a criminal complaint in the
Court of learned Chief Judicial Magistrate at Patan; and the Court
has ordered an inquiry by order dated 06.08.2005.
Learned
counsel Mr.Dipen Desai appearing for the respondent No.6 –
Society submitted that respondent No.6 was working as a genuine
cooperative Society and the necessary record was produced before the
Authorized Officer, on the basis of which due satisfaction is
already recorded in the impugned order. Learned counsel relied upon
Division Bench decision of this Court in Kalubhai
Ranabhai Akabari v. State of Gujarat and Ors. – (2007(3) GLH 57),
wherein it is observed in paragraph-31 that as far as elections to
APMC are concerned, the challenge to registration of a cooperative
society falling under clause (i) or clause (iii) of Section 11(1)
can only be entertained by the appellate / revisional forum
expressly created under Sections 153 and 155 of the Gujarat
Cooperative Societies Act, 1961.
In
view of the above facts and circumstances and the view taken
by this Court in the aforesaid decision, the impugned order appears
to have been based upon material produced before the Authorized
Officer and it also appears to be within the jurisdiction of the
Authorized Officer. Therefore, no interference is called for, in
exercise of the extra-ordinary jurisdiction of this Court.
Therefore, the petition is dismissed and Notice is discharged with
no order as to cost and with the clarification that this order shall
not affect any other civil or criminal proceeding where the
registration of respondent No.6 or any matter related thereto is
subject-matter of controversy.
(D.H.Waghela,
J.)
(Smt.Abhilasha
Kumari, J.)
(sunil)
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