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2021 Supreme(Guj) 70

BIREN VAISHNAV
Krishnadham Awas Yojna – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Baiju Joshi
For the Respondent: Ms. Nidhi Vyas, AGP

JUDGMENT :

1. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to quash and set aside the order dated 05.09.2020 passed by the respondent No.3- District Registrar appointing the respondent no.4 as custodian of the petitioner society and also the order dated 03.11.2020 passed by the respondent no.2-Additional Registrar, Cooperative Societies, by which, the order dated 05.09.2020 was confirmed.

2. Facts in brief are as under:

2.1 It is the case of the petitioner that the petitioner society is a society registered on 17.04.2008. A custodian was appointed who held the elections of the society on 31.03.2019 and after the elections, the Committee started functioning regularly. The case of the petitioner is that after the Committee took charge, one member of the Committee misappropriated some amount, there were vacancy of three members of the Managing Committee who during the lockdown had left the society, however, since three other persons were co-opted, the Committee of the society continued to function in accordance with Coram of 50% in accordance with the bye-laws. The case of the petitioner is that though the society was continui

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