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2021 Supreme(Guj) 148

BIREN VAISHNAV
Mahendrasinh Ratnasinh Karmariya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
MR.DIPAN DESAI, LD. ADVOCATE with MR HR PRAJAPATI, MS.MANISHA LUVKUMAR, MS.AISHVARYA GUPTA, MR.ZUBIN BHARDA, LD. ADVOCATE

JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the prayer of the petitioner reads as under:

    “7(a) YOUR LORDSHIPS to be pleased to issue a writ of mandamus or any other appropriate writ, order and/or direction and be pleased to quash and set aside the impugned order dated 14.9.2020 passed by the respondent no.2 in purported exercise of powers u/s. 76(B)(1) and 76(B)(2) of the Act is exfacie illegal, invalid, null & void, suffering from malafides, colourable exercise of powers, without jurisdiction and competence, unreasonable, unjust, unfair and violative of Arts. 14, 19(1)(g) and 21 of the Constitution of India.”

2. Facts in brief are as under:

3. The petitioner is the Vice President of Valiya Taluka Cooperative Purcahse and Sale Union Limited. The election to the Executive Committee of the Society was lastly held in the year 2015. As per the byelaws, there are 19 members of the Executive Committee and one Shri Yogendrasingh Yashvantsinh Mahida is the President of the Society. It is the case of the petitioner that the Manager of the society called a meeting of the Executive Committee on 23.06.2020. Out of the 19 Committee members, two members had

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