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2017 Supreme(Guj) 1047

N.V.ANJARIA
Vashkui Dudh Utpadak Sahakari Mandali Limited – Appellant
Versus
District Registrar, Co-operative Societies, Surat – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Chirag B. Patel
For the Respondents: Mr. Rohan Yagnik, Mr. Bharat T. Rao, Mr. Daxay D. Patel, Ms. Kruti M. Shah

JUDGMENT :

Heard learned advocate Mr. Bharat Patel for the petitioners, learned Assistant Government Pleader Mr. Rohan Yagnik for the first respondent, learned advocate Mr. Bharat Rao for the second respondent and learned advocate Ms. Megha Pandya for learned advocate Ms. Kruti Shah for the third respondent.

2. The District Registrar, Cooperative Societies, Surat-the first respondent herein, seeking to exercise his powers under Section 74D(1) of the Gujarat Cooperative Societies Act, 1961, passed order dated 22nd September, 2016 appointing a Custodian for the petitioner-Vashkui Dudh Utpadak Sahakari Mandali Limited. Respondent No.2 herein came to be appointed as Custodian. It is this order to which the challenge is addressed in this petition on the ground that the authority exceeded its jurisdiction and the resultant order is without jurisdiction.

3. The events preceded and made premise for passing the impugned order may be noted with relevance. It appears that elections to the Managing Committee of the petitioner society though were required to be notified, they were not notified, and the State Government had not appointed any authority to conduct the elections. In order dated 10th J


















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