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SCA/25/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 25 of 2011
With
SPECIAL
CIVIL APPLICATION No. 26 of 2011
=========================================
GUJARAT
STATE COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT
Versus
ISHWARBHAI
BALDEVBHAI CHAUDHARI & 1
=========================================
Appearance
:
Appearance
:
MR
BM MANGUKIA for Petitioner
MR PK JANI GP with MS JIRGA JHAVERI AGP
for Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 06/01/2011
ORAL
ORDER
1. Heard
Mr.B. M. Mangukia, learned counsel for the petitioner and Mr.P.
K.Jani, learned GP for the Election Authority and the City Deputy
Collector in respective petition as well as for the District
Collector.
2. It
prima facie appears that the learned Nominee had no jurisdiction to
entertain the suit much less to grant any interim injunction under
Section 96 of the Gujarat Cooperative Societies Act (hereinafter be
referred to as “the Act”) for two reasons. One was that
the respondent No.1 is a specified Cooperative Society within the
meaning of Section 74C of the Act and the another was that the
Election Officer and City Deputy Collector who is an officer of the
State Government joined as the party to the proceedings and the
learned Nominee had no jurisdiction over the Government Officer
namely the Collector or the Nominee of the District Collector who was
to preside over the meeting under Section 145Z of the Act.
Unfortunately, though the meeting was scheduled on 5th
January, 2011 at 15.00 Hours, the injunction of the learned Nominee
dated 4th January, 2011 as stated is served on 5th
January, 2011 prior to the holding of the meeting. Consequently, the
meeting of the Board of Director of the Gujarat State Cooperative
Agriculture and Rural Development Bank has not been held for election
of Chairman and Vice Chairman.
3. It
further appears that vide order dated 5th January, 2011
passed by the Gujarat State Cooperative Tribunal the interim order
passed by the learned Nominee is set aside, but further on the same
day, the Tribunal has suspended the said order in revision till 11th
January, 2011. At this stage, the matters are before this Court.
4. Prima
facie it appears that the election of Chairman and Vice Chairman
amongst elected representative has to be held as per the bye-laws
read with the provisions of the Act and more particularly Section
145Z of the Act. Once such election had become due and the agenda was
issued, but for the aforesaid litigation, the election has not been
held, prima facie, it appears that any attempt to throttle the
democratic process for holding election of Chairman and Vice Chairman
and that too of a State Level Cooperative Bank like respondent No.2
herein cannot be countenanced that too at the instance of one of the
Director – respondent no.1 through a forum of learned Nominee
who had no jurisdiction to entertain the suit muchless to grant any
interim injunction. It prima facie appears to the Court that the
democratic process of election has to prevail irrespective of the
majority or minority of any group may be of the petitioner or may be
of the respondent No.1 or his supporter. Hence, the matters deserve
to be considered for interim order so as to ensure that the election
of Chairman and Vice Chairman of a State Level Bank of respondent
No.2 herein which has already become due is held at the earliest.
5. At
this stage, Mr.P. K. Jani, learned GP with Ms.Jirga Jhaveri, learned
AGP under instruction of the City Deputy Collector who is to preside
over the meeting under Section 145Z of the Act states that if the
meeting is scheduled on 17th January, 2011 at 11.00 a.m
for election in question of the respondent No.2 – Bank, he
shall positively preside over the said meeting. It appears that even
as per bye-laws minimum 7 days has been provided for convening of the
meeting.
6. Hence,
considering the facts and circumstances, the following order.
(A) NOTICE
returnable on 18th
January, 2011. Mr.P. K. Jani,
learned GP with Ms.Jirga Jhaveri, learned AGP waives service of
notice for concerned respondents in respective petitions. Direct
service for respondent No.1.
(B) By
ad-interim order, it is directed that the meeting of Board of
Director of respondent No.2 for election of its Chairman and Vice
Chairman shall be convened by issuing agenda on or before by 7th
January, 2011 for holding of the said meeting on 17th
January, 2011 at 11.00 a.m at the Registered Office of respondent
No.2 – Bank at Ahmedabad and additionally, an advertisement
shall also be published in the newspaper namely “Gujarat
Samachar” having wide circulation in the State for convening of
the said meeting with the date, time and the place. It is further
directed that as declared before this Court, the City Deputy
Collector in the Election Authority shall preside over the said
meeting without fail as per Section 145Z of the Act and at the said
meeting the process of election of Chairman and Vice Chairman shall
be completed and the result
thereof shall also be declared and the newly elected Chairman and
Vice Chairman shall be permitted to assume the office.
7. It is
specifically clarified that all such actions shall be subject to
further order which may be passed by this Court in the concerned
petitions.
[
JAYANT PATEL, J. ]
vijay
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