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2010 Supreme(Guj) 157

ABHILASHA KUMARI
VAVDI ROAD SEVA SAHAKARI MANDLI – Appellant
Versus
DISTRICT REGISTRAR – Respondent


Advocates Appeared:
Mr. B.S. Patel for Petitioners
Mr. Prakash K. Jani, learned GOVERNMENT PLEADER for Respondent No.1
None for Respondent No.2

JUDGMENT

1. The challenge in the present petition, preferred under Article 226 of the Constitution of India, is to Show Cause notice dated 29-4-2010 issued to petitioner No.2 by respondent No.1 (District Registrar), under the provisions of Rule 32 of the Gujarat Co-operative Societies Rules, 1965. The petitioners have prayed for the issuance of a writ of prohibition, or any other appropriate writ or order, quashing and setting aside the proceedings initiated by respondent No.1 against petitioner No.2, by way of the said Show Cause notice.

2. Petitioner No.1 is Shri Vavdi (Road) Seva Sahakari Mandli Ltd., a Society registered under the provisions of the Gujarat Co-operative Societies Act, 1961 (“The Act” for short). Petitioner No.2 is the Chairman of petitioner No.1-Society.

3. Briefly stated, the relevant factual background as stated in the petition is that, petitioner No.1-society has been registered on 22-4-1955. Bye-laws have been framed and, as per bye-law No.4(a1) any person residing in the area of operation of the Society namely, village Vavdi (Road), Bhayavadar, Talali, Juna Badalpur and Nava Badalpur areas, is entitled to become a member of petitioner No.1-Society. It is the









































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