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2017 Supreme(SC) 361

J.CHELAMESWAR, A.M.SAPRE
VIPULBHAI MANSINGBHAI CHAUDHARY – Appellant
Versus
STATE OF GUJARAT – Respondent


JUDGMENT

Chelameswar, J.

       C.A NO.14678/2015, C.A. No.1881/2016 & C.A.No.13784/2015

1. There are three appeals before us – two, [Civil Appeal Nos.14678 of 2015 and 1881 of 2016] of them filed by one Vipulbhai Mansingbhai Chaudhary, ('Chaudhary' hereafter) and the third filed by the State of Gujarat & Others [Civil Appeal No.13784/2015].

2. The matter arises under the Gujarat Co-operative Societies Act, 1961 (for short 'THE ACT'). The Mehsana District Co-operative Milk Producers Union Ltd. (hereafter ‘UNION’) is a Society within the meaning of the expression under Section 2(19) [Section 2(19). “Society” means a co-operative society registered, or deemed to be registered, under this Act;”] of THE ACT. Chaudhary was elected as its Chairman for a period of three years commencing from 2.5.2011 to 1.5.2014. However, he continued to hold the office beyond the period of three years by virtue of the operation of Section 74C(2) - as it then existed:

“Section 74C(2). When the election of all the members of the committee of any such societies held at the same time, the members elected on the committee at such general election shall hold office for a period of three years from the date on

























































































































































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