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2021 Supreme(Guj) 619

BHARGAV D.KARIA
KAMALPUR SEVA SHAHAKARI MANDALI LIMITED – Appellant
Versus
PATEL JITUBHAI AMTHABHAI – Respondent


Advocates Appeared:
For The Appellant : MR DIPEN DESAI
For The Respondent: MR RAVI N PAHWA

ORDER :

Heard learned advocate Mr.Dipen Desai for the petitioners, learned advocate Mr.Ravi Pahwa for the respondent No.1 and learned Assistant Government Pleader Mr.Ishan Joshi for the respondent No.4.

2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the impugned order dated 26th July, 2021 passed by the respondent No.3 – Gujarat State Co-operative Tribunal, Ahmedabad in Revision Application No.34 of 2021 as well as the order dated 23rd June, 2021, passed by the respondent No.2 – Board of Nominees, Mehsana in Lavad Suit No.46 of 2021.

3. It is the case of the petitioners that the petitioner Nos.2 to 9 are the members of the managing committee of the petitioner No.1 – Society, which is registered under the provisions of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as “the Act of 1961”).

3.1 According to the petitioners, as the term of the earlier committee of the petitioner – Society came to an end, a new committee of 8 members of the managing committee i.e. petitioner Nos.2 to 9 was constituted unanimously and approved in the general body of the petitioner – Society.

3.2 However, as the selection of th

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