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2008 Supreme(Guj) 424

M.S.SHAH, H.N.DEVANI
GUJARAT STATE CO-OPERATIVE BANK LTD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates: KAMAL TRIVEDI, MIHIR JOSHI, Nisha Parikh, SANGITA VISHEN, SAURABH G.AMIN, TUSHAR MEHTA, VIRAL K.SHAH,

MOHIT S. SHAH, J.

( 1 ) THIS petition under Article 226 of the Constitution challenges the Voters' List prepared for the purpose of elections to the Board of Directors of petitioner - Gujarat State Co-operative Bank Ltd. , under Bye-law 26 (a), in so far as the said list includes respondents Nos. 6 and 7 - Junagadh District Co-operative Bank Ltd. , and the Baroda District Co-operative Bank Ltd. , respectively and also challenges the inclusion therein of respondents Nos. 11 to 15 which are other co-operative Societies falling under Bye-law No. 26 (c) of the Bye-laws of the petitioner-Bank which is a State level Co-operative Bank. The challenge against inclusion of Co-operative Societies in two separate lists of voters is on the common ground that they have committed defaults in repayment of their dues and are, therefore, disqualified under Bye-law No. 27a from participating in the elections to the Board of Directors of the petitioner-Bank.

( 2 ) AS far as respondents Nos. 6 and 7 - Junagadh District Co-operative Bank Ltd. , and Baroda District Co-operative Bank Ltd. , are concerned, Mr. Mihir Joshi, learned Senior Counsel for the petitioners states that at this stage, the petitioners













































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