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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, J.
SIDDHPUR TALUKA SAHAKARI KHARID VECHAN SANGH LIMITED - Appellant
Versus
DISTRICT COLLECTOR - Respondent
SPECIAL CIVIL APPLICATION NO. 14668 of 2020
With
SPECIAL CIVIL APPLICATION NO. 15372 of 2020
Decided On : 10-02-2021
Gujarat Cooperative Societies Act – Sections 153 , 145C, 74C, 145U ,145B, 150(9), 13 , 155 , 74B(1) - Co-operative Societies Elections to Committee Rules, 1982 - Rules 3A, 4, 5 and 6 - Challenge - A unanimous resolution was passed for amending bye-laws 1 to 54 in the annual general meeting - resolution was sent for approval to the District Registrar who in turn approved the amendment to the bye-laws - Notice was issued under Rule 3A of the Gujarat Specified Co-operative Societies Elections to Committee Rules, 1982 for the purposes of determination of constituencies of all the seats. The objections were invited for such determination of constituencies on or before - A provisional constituency's list was published by which 11 zones came to be determined for Primary Agricultural Cooperative Societies. For the other cooperative societies, one seat was identified and the same was notified. For individual members, 3 seats and the names of the delegates who were elected from individual members were published for zones 13, 14 and 15 - In view of the intervening pandemic, the State issued a notice not to hold any elections - A modification was made that the election process may start from the stage where it had stopped
Finding of the court: Court has held that it should be reluctant to shut out a case on merits only on the ground of limitation. She would submit that the court should adopt a justice oriented approach while considering an application for condonation of delay. In support of the same, she would rely on the decision in the case of Executive Officer vs.reported in - She would also submit drawing the attention of the court to the list of dates that there is no illegality in exercising powers by the Additional Registrar and holding discretion in favour of respondents no. 3 and 4 condoning the delay. It is made out by the private respondents that they were unaware of the amendments in the byelaws - consider the case on merits. By the impugned order what the Additional Registrar Appeals has done is only condone the delay of 750 days in filing an appeal by the respondents - Issue raised by the respondents no. 3 and 4 in the application for condonation of delay is that though a public notice was issued in newspaper regarding the annual general meeting to be held no specific agenda containing the details was published. It was only after the list of constituencies or zones was sent by the Manager of the Society to the authorities concerned and when there was a discussion amongst the members regarding the eligibility criteria for contesting elections, that the respondents no. 3 and 4 came to know of such an amendment. The amended bye laws were received by the respondents - Annual General Meeting did not give any idea of the amendment of the bye-laws and what was orally discussed was the enabling bye law to bring out greater dividend to the members and not with regard to the change of the bye laws so as to effect the right to vote
Result: Civil Application allowed
JUDGMENT :
1. In Special Civil Application No. 14668 of 2020 filed under Article 226 of the Constitution of India, the prayers of the petitioner are to quash and set aside the impugned order dated 25.08.2020 passed by the Deputy Collector and Election Officer and the impugned order dated 29.10.2020 passed by the Registrar, Nominees Court below Ex. 6 in Lavad Case No. 158 of 2020 and also to direct the respondents no. 1 and 2 to start the election process for holding the election of petitioner no. 1 – Siddhpur Taluka Sahakari Kharid Vechan Sangh Limited from the stage where it was postponed.
1.1 Special Civil Application No. 15372 of 2020 is filed challenging the order dated 13.11.2020 passed in Misc. Application No. 19 of 2020 by the respondent no. 1 in Regular Appeal No. 56 of 2020 by which the Additional Registrar, Appeals has condoned the delay of 750 days in an application for condonation of delay filed by respondents no. 3 and 4 of the present petition who are the same respondents of the Lavad Suit No. 158 of 2020 – respondents no. 4 and 5 of Special Civil Application No. 14668 of 2020.
2. Facts in brief are as under (As recorded in Special Civil Application No. 14668 of 2020):
2.1 The petitioner no. 1 – Siddhpur Taluka Kharid Vechan Sangh Limited is a taluka level co-operative society. It has primary cooperative societies as also individual persons as members. The managing committee of the petitioner no. 1 Sangh consists of 17 members. Out of these 17 members, 11 members are to be elected by agricultural cooperative societies, 1 member from the other cooperative society, 3 delegates are individual members, 1 is a representative of the government department and 1 is a representative of the District Cooperative Bank. It is the case of the petitioner that on 18.06.2018, it gave public notice for the information of the delegates and the primary societies that an annual general meeting will take place on 01.07.2018. The case of the petitioner is that a unanimous resolution was passed for amending bye-laws 1 to 54 in the annual general meeting. The resolution was sent for approval to the District Registrar who in turn approved the amendment to the bye-laws on 27.07.2018. At the outset, it may be pointed out that the challenge to the amendment to the bye laws is a subject matter of Special Civil Application No. 15372 of 2020.
2.2 The case of the petitioner society is that since its term was for 5 years from 22.08.2015, the Sangh gave a registered notice to all its members on 12.03.2020. The notice was issued under Rule 3A of the Gujarat Specified Co-operative Societies Elections to Committee Rules, 1982 (for short 'the Rules') for the purposes of determination of constituencies of all the seats. The objections were invited for such determination of constituencies on or before 27.03.2020. A provisional constituency's list was published on 12.03.2020 by which 11 zones came to be determined for Primary Agricultural Cooperative Societies. For the other cooperative societies, one seat was identified and the same was notified. For individual members, 3 seats and the names of the delegates who were elected from individual members were published for zones 13, 14 and 15.
2.3 In view of the intervening pandemic, the State issued a notice on 24.03.2020 not to hold any elections. On 30.06.2020, a modification was made that the election process may start from the stage where it had stopped. Accordingly, the petitioner Sangh issued an advertisement in the newspaper on 01.07.2020 that it had resumed the process of determining constituencies in accordance with the public notice dated 12.03.2020 and it invited objections from all concerned on or before 07.07.2020 for a hearing to take place on 08.07.2020. On 08.07.2020, the petitioner no. 1 – cooperative society addressed a letter to all its members wherein it was informed that for the purpose of preparing a voters' list of the ensuing elections, the members are requested to send the names of their r
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