Point of Law: If in opinion of Registrar, any officer makes persistent default or is negligent in performance of duties imposed on him by this Act or rules or byelaws or does anything which is prejudicial to interests of society or where he stands disqualified by or under this Act, Registrar may, after giving officer an opportunity of being heard, by order remove such officer and direct society to elect or appoint a person or a qualified member in vacancy caused by such removal and officer so elected or appointed shall hold office so long only as officer in whose place he is elected or appointed would have held if vacancy had not occurred.

JUDGMENT :

1. Heard learned Senior Advocate Mr. Mihir Thakore assisted by learned advocate Mr. Dipen Desai for the petitioner, learned Advocate General Mr. Kamal Trivedi assisted by learned Assistant Government Pleader Mr. Vinay Vishen for the respondent-State and learned Senior Advocate Mr. Prakash Jani assisted by learned advocate Mr. Shivang Jani for the intervener through video conference.

2. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Vinay Vishen waives service of notice of rule on behalf of the respondent State.

3. This matter was argued for final disposal by both the sides and accordingly, the same was heard.

4. By this petition, the petitioner has challenged the order dated 9th September, 2020, passed by the respondent-District Registrar, whereby the petitioner was removed as the member of the Administrative Committee of Charada Dudh Utpadak Sahakari Mandli limited, at village Charada, Taluka Mansa, District Gandhingar (for short “the Society”) under Section 76B(1) of the Gujarat Cooperative Societies Act, 1961 (for short 'the Act, 1961').

5. After filing of the petition, the petitioner moved a draft amendment challenging the show cause notice dated 22nd September, 2020, issued by the respondent-District Registrar, Cooperative Societies, Gandhinagar under Section 76B(2) of the Act, 1961 calling upon the petitioner to show cause why the petitioner should not be disqualified for contesting election or to hold any office in any Cooperative Society, as per the provisions of Section 76B(2) of the Act, 1961.

6. In this petition, a Civil Application was filed by Sendhabhai Veljibhai Chaudhary and Amitbhai Harising Chaudhary to be joined as party-respondent Nos.2 and 3 being the members of the Committee of the Society. However, instead of considering as to whether the applicants of the Civil Application No.1 of 2020 be joined as necessary and proper party in the Special Civil Application, with the consent of all the advocates appearing for the respective parties, learned Senior Advocate Mr.Prakash Jani was heard treating the applicants as intervener.

7. Facts giving rise to the present petition are as under :

(7.1) The petitioner was elected as the Chairman of the Mehsana District Cooperative Milk Producers' Union Ltd. in the year 2015. A show-cause notice was issued by the Registrar, Cooperative Societies under the provisions of Section 76B(1)and(2) of the Act, 1961 on the ground of acting in a manner prejudicial to the interest of the Society.

(7.2) The petitioner challenged such notice before this Court. However, the petition was dismissed and the appeal was also dismissed by the Division Bench of this Court. The Registrar passed an order on 10th March, 2015 removing the petitioner from the post of Chairman of the Mehsana District Cooperative Milk Producers' Union Ltd. and further disqualified the petitioner for a period of three years from holding his Office or to participate in any election in any cooperative Society. The petitioner therefore, challenged the order dated 10th March, 2015 by filing Special Civil Application No.9618 of 2015 which was partly allowed by this Court confirming the order dated 10th March, 2015 whereby so far as the removal of the petitioner form the office of the Chairman in exercise of powers under Section 76B(1) of the Act, 1961 was not disturbed but the order disqualifying the petitioner to hold or to contest election for any office for a period of three years in exercise of the powers under Section 76B(2) of the Act, 1961, was quashed and set aside.

(7.3) The Registrar issued show-cause notice to the petitioner under Section 76B(2) of the Act, 1961 to show cause as to why he should not be disqualified for a period of six years. An order dated 16.12.2015 was passed by the Registrar, disqualifying the petitioner for a period of six years from contesting the election of any cooperative society. The petitioner challenged the said order by preferring Special Civil Application No.177