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2015 Supreme(Guj) 1028

JAYANT M.PATEL, J.B.PARDIWALA
GUJARAT CO OPERATIVE BAR ASSOCIATION – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR MIHIR JOSHI, SENIOR ADVOCATE WITH MR S N THAKKAR, ADVOCATE for the Applicant(s) No. 1 2
DELETED for the Opponent(s) No. 3 4
MR PRAKASH JANI, ADDITIONAL ADVOCATE GENERAL for the Opponent(s) No. 1 2
NOTICE SERVED BY DS for the Opponent(s) No. 1 2

JUDGMENT :

J.B. PARDIWALA, J.

1. By this application, the applicants – original petitioners seek review of the judgment and order dated 5th September, 2011 passed by a Division Bench of this Court (to which one of us J. B. Pardiwala, J., was a party) in the Special Civil Application No.676 of 2011 principally on the ground that few submissions on pure questions of law although were raised and argued yet the same have not been considered and dealt with in the judgment.

2. Since this is a review application, it is necessary for us to look into the subject matter of the main petition. The main petition was filed with the following prayers:

“(A) Your Lordships may be pleased to hold and declare that the provisions of Sections 150(1), 150(2) and 150(3) of the Gujarat Cooperatives Societies Act, 1961 are ultra vires and violative of Article 14 of the Constitution of India to the extent the same confers unbridled and untrammeled power upon the State Government to appoint the Members of the Gujarat State Cooperative Tribunal and to prescribe the qualifications for appointment of persons to the said posts.

(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of m






















































































































































































































































































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