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2016 Supreme(Guj) 906

N.V.ANJARIA
Mandropur (Fatehpur) Juth Seva Sahkari Mandali Limited – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Dipen Desai, Advocate
For the Respondents: Manisha Lavkumar, Ld. Government Pleader

JUDGMENT :

N.V. Anjaria, J.

1. Would it be or not inquiry 'summary' in nature or not to inquire and ascertain whether the election was held or not, when only elected members were to be the eligible voters to be included in the list of voters, is the question.

2. This is what exactly done by the fourth respondent-the Authorized Officer in passing the impugned order dated 03rd May, 2016 directing thereby to exclude the names of 11 persons from the list of voters, finding that the persons whose names were sent as members of Managing Committee of the petitioner Society were not the elected members, but ad hoc appointees. The Authorized Officer found that election was not held and the persons were not elected members. It is this decision and approach as to the nature of inquiry, is brought under judicial scanner in this petition. The fourth respondent in excluding the names of persons, accepted the objection raised by the fifth respondent herein.

3. The petitioner is a primary agricultural credit cooperative society registered under the Cooperative Societies Act, 1961, dispensing agricultural credit in the market area of Agriculture Produce Market Committee, Kherealu (APMC, Kheralu). Electi
























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