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2020 Supreme(Guj) 949

VIKRAM NATH, J.B.PARDIWALA
Pravinsinh Hematsinh Zala – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mihir Joshi, Ld. Sr. Counsel with Mr. Dipen Desai.
For the Respondent:Mr. Kamal Trivedi, Ld. Advocate General with Mr. Vinay Vishen, Ld. AGP, Mr. Bharat T. Rao.

JUDGMENT :

J.B. Pardiwala, J.

1. Since the issues raised in both the captioned writ application are interrelated, those were taken up for hearing analogously and are being disposed of by this common judgment and order.

2. We first take up the Special Civil Application No.23321 of 2019 for consideration.

3. By this writ application under Article 226 of the Constitution of India, the writ applicants, in their capacity as the elected Directors of the respondent No.6-Jamnagar District Cooperative Bank Ltd. (for short “the Bank”), have prayed for the following reliefs :

    “(A) This Hon'ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or directions, quashing and setting aside the action on the part of the respondent authorities more particularly respondent Nos.4 to 6 in initiating the process of election of members of managing committee of the respondent No.6-Jamnagar District Co-operative Bank Limited by holding it illegal and arbitrary as the term of the members of managing committee has not expired and the election has not become due.

(B) This Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature o

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