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1985 Supreme(Guj) 157

N.H.BHATT
JAMNADAS VAGHJIBHAI PATEL – Appellant
Versus
KARAMSAD URBAN CO OPERATIVE BANK LIMITED – Respondent


Advocates Appeared: A.J.PATEL, DHAVAL C.DAVE, V.K.CHHATRAPATI

N. H. BHATT, J.

( 1 ) THIS is a petition under Article 227 of the Constitution of India by a plaintiff of a suit under sec. 96 of the Gujarat Co-operative Societies Act and presently the opponent before the Board of Nominees. The suit is filed for a declaration that he is a duly elected Director of the respondent No. 1 Co-operative Society as per the elections held in August 1984 and he cannot be restrained from acting as such. The Society on the other hand was contending that he was removed from his office by the Registrar under sec. 76 B (1) of the Act. And he was disqualified on the day of the election namely August 1984 the Registrars Order being dated 27/01/1984 his election itself was had and therefore he could not bank on his alleged elect of August 1984 The Nominee of the Registrar refused to grant the interim injunction and his order came to be confirmed by the Co-operative Tribunal in the revision application filed against that order and that has given rise to the present petition under Article 227 of the Constitution of India.

( 2 ) I am not oblivious of this Courts limited jurisdiction while exercising powers under Article 227 of the Constitution of India nor oblivious o











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