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1999 Supreme(Guj) 571

S.K.KESHOTE
BAYAD TAL ANUSUCHIT JAN-JATI ANE ANYA SAMUDAYAK MANDLI LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.V.Trivedi, M.K.VAKHARIA, MUKESH R.PATEL

S. K. KESHOTE, J.

( 1 ) THE petitioner No. 1, Bayad Taluka Anusuchit Janajati Ane Anya Samudayak Sahakari Kheti Mandli Ltd. is a cooperative society registered under the provisions of the Gujarat Cooperative Societies Act, 1961. The second petitioner is the Chairman of the petitioner No. 1 -Society. This society was registered by certificate dated 2 6/02/1986 issued by the Assistant District Registrar of Cooperative Societies, Sabarkantha District Panchayat. Along with the registration of the Society, its bye-laws were also registered by the Assistant District Registrar of the Cooperative Societies subject to certain modifications. The bye-laws inter-alia provide as its object to undertake cooperative farming and the first petitioner- Society is a cooperative farming society. The petitioner submits that majority members of the society belong to scheduled tribes and all of them are agricultural landless labourers. Total number of members of the petitioner -Society is 15 out of which 11 members belong to scheduled tribes and remaining 4 members belong to higher caste but they are farmers having small holdings. The area of operation of the petitioner-society, as per the case of the pet















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