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2013 Supreme(Guj) 383

C.L.SONI
KARMACHARINAGAR COOP. HOU. SOC. LTD. – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR DIPEN DESAI, ADVOCATE for the Petitioner MR RONAK RAVAL, ASSTT GOVT PLEADER for Respondent Nos. 1 -2 MR NIKHIL S KARIEL, ADVOCATE for the Respondents No. 3-4

JUDGMENT

1. Rule Learned Assistant Government Pleader Mr. Ronak Raval for respondent Nos.1 and 2 and learned advocate Mr. Nikhil Kariel for respondent Nos.3 and 4 waive service of Rule. With the consent of the parties, the matter is taken up for final hearing.

2. Challenge made in this petition filed under Article 226 of the Constitution of India is by Co-operative Housing Society against the order dated 8.7.2013 at Annexure-A whereby the respondent No.2 – District Registrar has ordered to join respondent Nos.3 and 4 – the members of the society as parties in the proceedings for approval of amendment in the bye-laws of the society.

3. It is the case of the petitioner society that in Annual General Meeting, convened by the society on 26.6.2011, Resolution No.8 was passed for amendment in Bye-law No.14(2) and for Bye-law No.91. The proposal dated 6.7.2011 for approval of the amendment in the bye-laws was then sent to respondent No.2-the District Registrar. The petitioner has averred that though Section 13(2) of the Gujarat Co-operative Societies Act (hereinafter referred to as ‘the Act’) requires the District Registrar to dispose of the application for registration of amendment in the




























































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