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1989 Supreme(Guj) 171

A.P.RAVANI, J.U.MEHTA
MEHSANA DISTRICT CENTRAL CO OPERATIVE BANK LIMITED – Appellant
Versus
MAREDA SEVA SAHAKARI MANDALI LIMITED – Respondent


Advocates Appeared: K.G.VAKHARIA, NILESH PANDYA, P.M.RAVAL

A. P. RAVANI, J.

( 1 ) DIRECTORS of certain specified co-operative societies are occupying the chairs even beyond the term for which they have secured mandate. Should the orders of the Court and provisions of law be interpreted in such a way that majority of them can continue to hold the office for at least one year more if not two ? Should the Court substituted the mandate of the electorate by its order? These are some of the questions which need to be examined and answered.

( 2 ) BY filing Special Civil Application No. 787 of 1988 respondent No. 1 original petitioner in Special Civil Application prayed that the elections of the Directors of the Mehsana District Central Co-operative Bank Limited respondent No. 2 in the petition be not held simultaneously but the same be held by rotation at the interval of one year on the basis of the constituencies represented by respective Directors whose term have expired first. By filing Special Civil Application No. 3351 of 1988 the petitioner in that petition also made similar prayer in respect of the election of the Board of Directors of Mehsana District Co-operative Purchase and Sales Union Ltd. Both these petitions came up for hearing toget
















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