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2020 Supreme(Guj) 711

BIREN VAISHNAV
Visnagar Taluka Co-Operative Purchase And Sales Union Limited(deleted) – Appellant
Versus
District Registrar, Co-op. Societies – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR.P.K.JANI, LD. SENIOR ADVOCATE for MR.SHIVANG P JANI, Adv.
For the Respondent: MS.MANISHA LUVKUMAR, LD. GOVERNMENT PLEADER with MR.K.M.ANTANI, AGP with MS.AISHVARYA GUPTA, AGP

JUDGMENT :

1. RULE returnable forthwith. Mr. K.M. Antani, learned AGP waives service of notice of Rule on behalf of respondent State.

2. By this petition under Article 226 of the Constitution of India, the prayer of the petitioner is to issue an appropriate writ, order or direction quashing and setting aside the impugned show-cause notice dated 20.06.2020 issued by the District Registrar. Pending the petition, pursuant to the show cause notice under challenge, the District Registrar issued an order dated 11.08.2020, by which, in exercise of powers under Section 81 of Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as ‘the Act’ for short), the petitioner – the Visnagar Taluka Cooperative Purchase and Sales Union Limited was superseded. In other words, the challenge in this petition is the order dated 11.08.2020 passed by the District Registrar superseding the Visnagar Taluka Cooperative Purchase and Sales Union Limited.

3. Since the order of supersession was passed, learned Senior Advocate Mr. P.K. Jani on 23.08.2020 prayed for deletion of petitioner no.1 society from the cause title and therefore the petition as it stands today, is by five petitioners. The petitioner

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