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2009 Supreme(Guj) 541

SHARAD D.DAVE, R.M.DOSHIT
KHOKHRA MEHEMDAVAD SEVA SAHKARI MANDLI LTD. – Appellant
Versus
STATE OF GUJARAT, THROUGH SECRETARY – Respondent


Advocates Appeared:
MR MIHIR JOSHI Sr Advocate with Mr SAURABH G AMIN for Petitioners MR KAMAL TRIVEDI Advocate General with Ms. Sangita Vishen, AGP & Ms. Mini Nair, AGP for Respondent(s):1, 2 & 5 MR TUSHAR MEHTA Addl. Advocate General with Mr. Viral K Shah for Respondent no. 3 Mr SHALIN MEHTA for Respondent(s): 4.

ORAL JUDGMENT

(Per : HONOURABLE MS. JUSTICE R.M.DOSHIT)

These petitions preferred under Articles 226 of the Constitution of India challenge the process of election of the Board of Directors of the Ahmedabad District Cooperative Bank Limited, a Co-operative Society within the meaning of the Gujarat Cooperative Societies Act, 1961, the respondent no. 3 herein [hereinafter referred to as the Bank scheduled to be held on 14th October 2009. The petitioners are the members of the Bank. The challenge to the ensuing election is three-fold.

It is common ground that the Bank is a specified society within the meaning of Section 145B read with Section 74C of the Gujarat Cooperative Societies Act,1961 [hereinafter referred to as the Act of 1961]. The election of the Board of Directors of the Bank is governed by the provisions contained in Chapter XIA of the Act of 1961 and the Gujarat Specified Cooperative Societies Elections to Committees Rules, 1982. Chapter XIA of the Act, comprising Sections 145A to 145Z, specifically provides for election of Committees and Officers of specified Societies. Section 145 U provides for reference of the disputes relating to the election to the Tribunal. Section































































































































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