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2016 Supreme(Guj) 1579
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. Subhash Reddy, V.M. Pancholi, JJ.
Lekhamba Gopalan Ane Samudayik Sahakari Mandli Limited and Ors. - Appellants
Vs.
State of Gujarat and Ors. - Respondents
Letters Patent Appeal Nos. 230, 231, 232, 245, 249, 251, 253, 254 & 279 of 2016 in Special Civil Application Nos. 2953, 2962-3575, 2536-2540, 3191, 3188, 3189 & 4782 of 2016, Civil Application Nos. 2621, 2625, 2627, 2728, 2732, 2735, 2738, 2740 & 3000 of 2016
Decided On : 08-08-2016
Advocate Appeared:
For the Appellants : B.S. Patel
For the Respondents: P.K. Jani, Venugopal Patel
The main legal point established in the judgment is that only societies with the main object of advancing finance for agricultural purposes could be considered as primary agricultural credit societies for the purpose of section 11(1)(i) of the Act, 1963.
Headnote:
Agricultural Credit Cooperative Societies - Dispute over inclusion in voters' list - Gujarat Agricultural Produce Markets Act, 1963 - Section 11(1)(i) - Summary: The court considered the scope of amendment under Act No. 14 of 2015, provisions of the Act, 1963, and the provisions as stood under section 11(1)(i) of the Act, 1963 prior to such amendment. The court held that only those societies which have their main object to do business of advancing finance would be considered as primary agricultural credit societies for the purpose of section 11(1)(i) of the Act, 1963. The court dismissed the appeals and held that the members of the managing committee of primary agricultural credit cooperative societies are permitted to be electorate.
Fact of the Case:
The petitioners challenged the order deleting their names from the agriculturist constituency in the election of Agriculture Produce Market Committee, Sanand. The objection was based on the amended provisions of section 11(1)(i) of the Act, 1963, which introduced 'primary agricultural credit cooperative society' as the eligible entity for inclusion in the voters' list.
Finding of the Court:
The court found that only societies with the main object of advancing finance for agricultural purposes could be considered as primary agricultural credit societies for the purpose of section 11(1)(i) of the Act, 1963. The court dismissed the appeals and held that the members of the managing committee of primary agricultural credit cooperative societies are permitted to be electorate.
Issues: The main issue was the interpretation of the amended provisions of section 11(1)(i) of the Act, 1963, and whether the petitioners' societies qualified as primary agricultural credit cooperative societies.
Ratio Decidendi: The court held that the word 'primary' used in section 11(1)(i) of the Act, 1963 relates to the base level society with the main object of advancing finance for agricultural purposes. The court also considered the classification of societies made by the Registrar under section 12 of the Gujarat Cooperative Societies Act, 1961, and held that the members of the managing committee of primary agricultural credit cooperative societies are permitted to be electorate.
Final Decision: The court dismissed the appeals and held that the members of the managing committee of primary agricultural credit cooperative societies are permitted to be electorate.
R. Subhash Reddy, J.
1. These Letters Patent Appeals are filed under Clause 15 of the Letters Patent by the petitioners in Special Civil Applications aggrieved by the common judgment and order of the learned Single Judge dated 15.03.2016.
2. Special Civil Application No. 2953 of 2016 was filed by the Lekhamba Gopalan Ane Samudayik Sahakari Mandli Limited and another praying to quash and set aside the order dated 16.02.2016 passed by the respondent No. 4 and to direct the respondent authorities to include the names of the Managing Committee of petitioner No. 1 Society in the agriculturist constituency for the election of APMC, Sanand.
2.1 Special Civil Application No. 2962 of 2016 was filed by the Rupavati Sahakari Gopalak Vasahat Mandli Limited and another praying to quash and set aside the order dated 16.02.2016 passed by the respondent No. 4 and to direct the respondent authorities to include the names of the Managing Committee of petitioner No. 1 Society in the agriculturist constituency for the election of APMC, Sanand.
2.2 Special Civil Application No. 3575 of 2016 was filed by the Pandoli Anaj Utpadak Sahakari Mandli Limited and other 10 societies praying to quash and set aside the order dated 29.02.2016 passed by the respondent No. 4 and to direct the respondent Nos. 2 and 3 to include the names of the Managing Committee of petitioner No. 1 to 11 societies in the agriculturist constituency for the election of APMC, Petlad.
2.3 Special Civil Application No. 2536 of 2016 was filed by the Kashipura Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No. 3 - Authorized Officer to include the names of the petitioner society in the voters list of agricultural constituency for the election of the respondent No. 4 Market Committee.
2.4 Special Civil Application No. 2537 of 2016 was filed by the Por Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No. 3 - Authorized Officer to include the names of the petitioner society in the voters list of agricultural constituency for the election of the respondent No. 4 Market Committee.
2.5 Special Civil Application No. 2538 of 2016 was filed by the Varnama Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No. 3 - Authorized Officer to include the names of the petitioner society in the voters list of agricultural constituency for the election of the respondent No. 4 Market Committee.
2.6 Special Civil Application No. 2539 of 2016 was filed by the Fatehpura Gam Ni Gopalak Sahakari Mandli Limited praying to quash and set aside the impugned decision dated 08.02.2016 passed by the Authorized Officer whereby the names of Managing Committee of the petitioner society are not included in the preliminary voters' list for the ensuing election of the respondent Market Committee and further to direct the respondent No. 3 - Authorized Officer to include the names of members of the Managing Committee of the petitioner society in the voters list of agricultural constituency for the election of the respondent No. 4 Market Committee.
2.7 Special Civil Application No. 2540 of 2016 was filed by the Utiya Gam Ni Gop
