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2004 Supreme(Guj) 348

D.H.WAGHELA, R.K.ABICHANDANI
GUJARAT STATE MARKETING CO OP FEDERATION LTD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: B.S.PATEL, HARIN P.RAVAL, Jirga D.JHAVERI, K.D.Shah, K.G.VAKHARIA, M.K.VAKHARIA, M.R.TUSHAR MEHTA, P.S.CHAMPANERI, PUSHPADATTA VYAS, S.K.JHAVERI, S.N.SHELAT, Shruti Trivedi

D. H. WAGHELA., J.

( 1 ) THESE petitions are grouped and heard together as they involve the common issue of the validity of sub-section (2) of Section 80 of the Gujarat Co-operative societies Act, 1961 (the Act for short ). However, the petitions are required to be divided into three sub-groups viz. the petitions in which show cause notices to appoint nominee directors were issued, where appointment orders of such nominees were already issued, and the petitions filed only on the basis of apprehension of such appointments by the Government.

( 2 ) THE relevant Section 80 of the Act reads as under:"s. 80 Power to appoint Government Nominee: (1) Where the State Government has subscribed to the share capital of a society, directly or through another society, or has guaranteed the repayment of the principal of and payment of interest on, debentures issued or loans raised by a society, the State Government shall, notwithstanding anything contained in the bye-laws of such society, have the right to nominate three represenetatives on the Committee of such society, in such manner as may be determined by the State Government from time to time. The members so nominated shall hold office during












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