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2003 Supreme(Guj) 524

J.N.PATEL
ANTAKAMPA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED – Appellant
Versus
SABARKANTHA DISTRICT CO-OPERATIVE MILK PRODUCERS – Respondent


Advocates Appeared: B.N.Patel, BAIJU JOSHI, PREMAL R.JOSHI, TUSHAR MEHTA

J. N. PATEL, J.

( 1 ) WITH the consent of learned counsel for parties matters are taken up for final hearing today. I have heard Mr. B. N. Patel for the petitioner, Mr. Tushar Mehta for respondent No. 1, Mr. Joshi, Ld. AGP for respondent Nos 2,3 and 4 and Mr. Baiju Joshi for respondent No. 5.

( 2 ) THE short facts of the case appear to be that the petitioner is one of the member cooperative society of Sabarkantha Dist. Coop. Milk Producers Union Ltd (hereinafter referred to as the Sangh/society ). It is the case of the petitioner that the Byelaw 35 (1) (A) of respondent No. 1-Sangh provides that 16 members of the Managing Committee shall be elected from 7 constituencies which are identified as Division No. 1 for Himmatnagar Taluka, Division No. 2 for Prantij taluka, Division No. 3 for Bayad taluka, Division No. 4 for Modasa taluka, Division No. 5 for Malpur-Meghraj taluka, Division No. 6 for Idar taluka and Division No. 7 for Bhiloda-Khedbrahma-Vijaynagar taluka. The grievance of the petitioner is that three talukas which are newly formed, namely, Vadali, Dhansura and Talod are not given independent representation in the said byelaws. It is also the case of the petitioner that Rule




















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