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2015 Supreme(Guj) 996

C.L.SONI
Vipulbhai Mansingbhai Chaudhary – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :S.N. Shelat, Sr. Advocate and P.S. Champaneri
For the Respondents:Prakash K. Jani, Addl. Advocate General and Neeraj Ashar, A.G.P.

JUDGMENT :

C.L. Soni, J.

1. Challenge made in this petition filed under Art. 226 of the Constitution of India is to the order dated 10-3-2015 passed by respondent No. 2-Co-operation Commissioner and Registrar, Co-operative Societies, Gujarat State removing the petitioner as a Chairman of the Mehsana District Co-operative Milk Producers' Union Limited ("the Union") and disqualifying him from holding any office in any co-operative society or to contest the election for a period of three years in exercise of the powers under Secs. 76B(1) and (2) of the Gujarat Co-operative Societies Act, 1961 ("the Act") and to the order dated 8-5-2015 rejecting his revision application. It is pointed out that the term of the petitioner as a Chairman has come to an end. However, since the disqualification is based on his removal as a Chairman, challenge to the order of removal will also be required to be examined.

2. It appears that the show-cause notice dated 12-1-2015 at Annexure-A was issued to the petitioner for action under Secs. 76B(1) and (2) of the Act, alleging financial and administrative irregularities as mentioned in 12 different charges levelled against him in the show-cause notice. The peti










































































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