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2006 Supreme(Guj) 747

D.A.MEHTA
PRAVINBHAI MOHANBHAI RAIYANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: ARCHNA RAWAL, HARIN P.RAVAL, SANDHYA NATANI, SUNIT SHAH

D. A. MEHTA, J.

( 1 ) RULE. The learned AGP is directed to waive service. The petition is taken up for final hearing and disposal today.

( 2 ) THIS petition challenges Notice dated 17. 06. 2006 (Annexure-E) whereunder respondent No. 2- Registrar, Co-operative societies, has in exercise of powers under section 81 (l) (a) of the Gujarat Co-operative societies Act, 1961 (the Act) called upon the petitioners herein to show cause why the managing Committee should not be removed and an administrator appointed for the three defaults stated in the impugned show cause notice.

( 3 ) IT is an admitted fact that elections for the Managing Committee were declared on 29. 05. 2006, were held on 22. 06. 2006 and results declared on 24. 06. 2006. The newly constituted body came in to effect on 05. 07. 2006.

( 4 ) MR. S. N. SHELAT, learned senior advocate appearing on behalf of the petitioners submitted that each of the petitioners has been elected for the first time and on a bare perusal of the impugned show cause notice, the so called defaults for which the committee is to be removed pertain to a committee which was in existence in past and none of the petitioners are in any way responsible for th








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