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2017 Supreme(Guj) 1769

BELA M.TRIVEDI
Aranitimba Seva Sahakari Mandali Limited – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For The Petitioner:Mr. Daxay D. Patel, Advocate, Ms. Malti Bharat Rao, Advocate
For The Respondents:Mr. P.K. Jani, Additional Advocate General With Mr. Venugopal Patel, AGP

JUDGMENT :

BELA M. TRIVEDI, J.

1. Both the petitions, involving similar questions of law and facts, were heard together and are being decided by this common judgment.

2. The petitioner Shree Aranitimba Seva Sahakari Mandali Limited of both the Special Civil Application Nos.8546 and 8547 of 2017, is the Society registered under the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as “the said Act”), affiliated to the Wankaner Taluka Sahakari Vechan Sangh Limited (hereinafter referred to as "the Sangh”), and also to the Wankaner Taluka Co-operative Processing Society Limited (hereinafter referred to as "the Processing Society”), both specified societies, as per Section 74C of the said Act.

3.The petitioner Society in both the petitions has challenged the orders dated 12.4.2017 passed by the Deputy Collector, Wankaner delimiting the constituencies of the said two specified societies, in exercise of the powers conferred under Rule 3A(9) of the Gujarat Specified Co-operative Societies Elections to Committees Rules of 1982 (hereinafter referred to as “the said Rules”).

4. The factual matrix of both the petitions may be stated as under:-

4.1 So far as SCA No.8546 of 2017 is con





















































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