IMPORTANT POINT
The court established that the Administrator Committee cannot initiate amendments to bye-laws, which is the exclusive function of the Managing Committee, but the petition was dismissed due to alternative remedies being available.

JUDGMENT :

(Sangeeta K. Vishen, J.) :

With the consent of the learned advocates appearing for the respective parties, the captioned writ petition is taken up for final disposal.

2. Issue rule, returnable forthwith. Ms Nidhi Vyas, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent nos.1 to 3. Mr Dipan Desai, learned advocate waives service of notice of Rule on behalf of respondent nos.4 to 8.

3. Captioned writ petition has been filed with the following prayers:

“21. (A) This Hon'ble Court be pleased to issue a writ of mandamus and/or writ of certiorari or any other appropriate writ, order or direction, directing the respondent No.3 to remove the respondent Nos.5 to 8 as Administrator and appoint duly eligible and qualified skilled person as Administrator of the respondent No.4 Union.

(AA) YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or writ of certiorari and/or appropriate writ, order or direction, quashing and setting aside the order dated 7.7.2021 passed by the respondent No.3 - District Registrar amending the bye-laws of the respondent No.4 society which is produced at Annexure-J to the petition.

(B) This Hon'ble Court be pleased to issue a writ of mandamus and/or writ of certiorari and/or writ of prohibition or any other appropriate writ, order or direction, directing the District Registrar, Cooperative Societies to not to take any decision on the proposal for amendment of bye-laws submitted before it, as the same would without authority of law and jurisdiction.

(C) This Hon'ble Court be pleased to issue a writ of mandamus and/or writ of certiorari and/or writ of prohibition or any other appropriate writ, order or direction, declaring that the action of respondent Nos.5 to 8 as members of the Administrator Committee of respondent No.4 Union initiating proceedings for amendment of bye-laws is unjust, improper, ultra vires, highhanded and in violation of the principles laid down by the Supreme Court in the judgment reported in AIR 1997 SC 2925 and AIR 2000 SC 2378.

(D) During the pendency hearing and final disposal of this petition, this Hon'ble Court be pleased to restrain the respondent Nos.5 to 8 from functioning as members of the Administrator Committee of respondent No.4 Union and further be pleased to also restrain the respondent No.3 from taking any decision against the proposal for amendment of bye-laws submitted before it by respondent Nos.5 to 8, as for Administrator Committee of respondent No.4 Union.

(DD) During the pendency hearing and final disposal of this petition, Your Lordship may be pleased to stay the implementation, execution and operation of the order dated 7.7.2021 passed by the respondent No.3 - District Registrar amending the bye-laws of the respondent No.4 society which is produced at Annexure-J to the petition.

(E) Any other and further reliefs as deemed just and proper looking to the facts of this case, may kindly be granted in favour of the petitioner, interest of justice.”

4. Mr B. S. Patel, learned senior counsel appearing with Mr Baiju Joshi, learned advocate appearing for the petitioners, at the outset, submitted that in view of the subsequent development, prayers 21(A) and 21 (B), would not survive and hence, not pressed, restricting the challenge only qua the order dated 07.07.2021 passed by the District Registrar, Co-operative Societies, Banaskantha at Palanpur (hereinafter referred to as “respondent no.3 – District Registrar”). While inviting attention to the provisions of Section 81 of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as “the Act of 1961”) and more particularly, sub-section (3), it is submitted that the Committee or Administrator so appointed have to exercise all or any of the functions of the committee and take action as may be required in the interest of the society subject to the instructions of the State Government and/or Registrar. Therefore, the language contained in sub-section (3) of Section 81 o