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2012 Supreme(Guj) 420

P.B.MAJMUDAR, MOHINDER PAL
BRIJARAJSINH HEMANTSINH JADEJA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
LPA 913/2011
N.D. NANAVATI, Sr. Counsel with B.M. MANGUKIYA, MS. BELA A. PRAJAPATI for Appellant.
TUSHAR MEHTA, Addl. Advocate General with Ms. Krina Calla, A.G.P. for Respondent(s): 1 - 2.
LPA 914/2011
N.D. NANAVATI, Sr. Counsel with MR B.M. MANGUKIYA, MS. BELA A. PRAJAPATI for Appellant(s) : 1-3, 5-11
M.B. SHAIKH for Appellant No.4
TUSHAR MEHTA, Addl. Advocate General with Ms. Krina Calla, A.G.P. for Respondent(s): 1 – 3.
Respondent NO.4 -Notice unserved
Notice served to Respondent No.5 and 8
DEVANG VYAS for Respondent No.6 and 7

JUDGMENT

P.B.MAJMUDAR, J. - Both these Letters Patent Appeals are directed against the judgment and order delivered by the learned Single Judge in Special Civil Application No.223 of 2011 with Special Civil Application No.2177 of 2011. By the common impugned judgment and order, the learned Single Judge dismissed both the petitions by upholding right of the State Government to send representatives and nomination of the Registrar of the Cooperative Societies, on the board of the Gujarat State Cooperative Agriculture & Rural Development Bank Limited (for short ‘the Bank’) under Section 80(1) of the Gujarat Cooperative Societies Act, 1961 (for short ‘the Act’).

2. So far as appellant of Letters Patent Appeal No.913 of 2011 is concerned, the said appellant had filed Special Civil Application No.2177 of 2011 before the learned Single Judge. The said appellant was one of the elected Directors, who lost election to the post of Chairman in the Bank, which election was held on 17th January, 2011. In his petition, the said appellant - original petitioner challenged the action of the State Government in nominating respondent No.2 on the ground that under Section 80(3) of the Act, the respondent














































































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