2018 Supreme(Guj) 654
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. SUBHASH REDDY, VIPUL M. PANCHOLI, JJ.
MEHSANA DISTRICT MILK PRODUCERS UNION LIMITED - Appellant
Vs.
REGISTRAR COOPERATIVE SOCIETIES - Respondent
Letters Patent Appeal No. 887 of 2017 and Special Civil Application No. 18836 of 2016
Decided On : 03-05-2018
K.M. Antani, Mihir Joshi, P.K. Jani, Advocates.
Headnote:
Letters Patent – Clause 15 – Gujarat Cooperative Societies Act, 1961 – Sections 74, 81 – Appeals Are Filed Under Clause 15 of Letters Patent against the common CAV judgment, rendered by Single Judge in Special Civil Applications by which Single Judge has dismissed both petitions – Appellants original petitioners have, therefore, preferred these appeals – Held, Against order passed by respondent No.1, there is a provision of filing an appeal before the Government – Present case does not fall within the exceptions as stated in the judgment rendered by the Honourable Supreme Court wherein the Honourable Supreme Court has held that the petition at the Show-cause Notice is maintainable under certain circumstances – Court is of view that no error is committed by Single Judge while dismissing the petitions – Appeals Dismissed (Paras 32, 33)
Vipul M. Pancholi, J.
Both These Appeals Are Filed Under Clause 15 of the Letters Patent against the common CAV judgment dated 12.06.2017, rendered by the learned Single Judge in Special Civil Application No.18836 of 2016 with Special Civil Application No.18837 of 2016, by which the learned Single Judge has dismissed both the petitions. The Appellants original petitioners have, therefore, preferred these appeals.
2. In These Appeals, Common Issue Is Raised For Our consideration and, therefore, with the consent of the learned counsel appearing for the parties, both these appeals are being heard together and decided finally at the admission stage. For the sake convenience, the facts narrated in special Civil Application No.18837 of 2016 are recorded.
3. The factual matrix of the present case is as under :
3.1 It is stated that the petitioners are the elected members of the Managing Committee of the Mehsana District Cooperative Milk Producers Union Limited (hereinafter referred to as "the Union" for the sake of convenience). The said Union is District Level Milk Producers Union and is a specified society within the meaning of Section 74(C) of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the Act" for short). The petitioners have stated in the memo of petition about various litigations filed by or on behalf of the Union and/or its Member/Chairman etc. Relying upon such averments made in the petitions and giving the history of the various litigations, it is stated that at all stages, political machinery of the ruling party has misused the statutory powers of the Officers, be it at the stage of holding the elections or even thereafter.
3.2 It is further stated that petitioners Nos.1 to 12 are functioning as elected members of the Managing Committee of the Union. However, three elected Directors, who are sponsored and supported by ruling party continued to make all kinds of frivolous allegations against the Managing Committee and with the support of the State authorities continued to disrupt the functioning of the Managing Committee in all possible manner. It is alleged that the General Body Meeting of the Union was also held on 26.06.2016 wherein, on the date of the General Body Meeting, three persons supported by ruling party along with unauthorised persons sought to enter the place where the General Body Meeting was to be convened only with a view to disrupt the proceedings of the General Body. The said three persons wanted to enter along with the unauthorised persons who were stopped from entering and, therefore, the said three persons did not attend the General Body Meeting and filed an FIR before the Mehsana Police Station. It is stated that in the said meeting, 808 members, out of total 1130 members, remained present and the General Body unanimously resolved in its meeting that the said three persons are acting against the interest of the society and trying to create hindrances in the smooth functioning of the society and, therefore, the General Body unanimously resolved to take action against the said three elected Directors and resolved to suspend them as Directors.
3.3 Against the said action of the General Body, Lavad Suit No.116 of 2016 was filed, in which the Board of Nominees, Mehsana, had granted interim relief on 23.06.2016 in favour of the concerned Directors.
3.4 It is, thereafter, stated that respondent No.1 Registrar of Cooperative Societies issued the impugned Show-cause Notice dated 27.10.2016 under Section 81 of the Act relying upon the Report dated 29.07.2016 given by the District Registrar, Cooperative Societies, Mehsana. The petitioners, therefore, filed the captioned petitions in which the petitioners prayed that the Show-cause Notice dated 27.10.2016, issued by respondent No.1 Registrar Cooperative Societies, be quashed and set aside.
3.5 That the learned Single Judge has, by the impugned common CAV judgment, dismissed both the petitions and, therefore, the present appeal