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SANGEETA K. VISHEN
Baiwada Vibhagiya Prathmik Krushi Dhiran Seva Sahakari Mandali Ltd. – Appellant
Versus
State Of Gujarat – Respondent
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:
(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 plea
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 alterna....
Members of a cooperative society must be given an opportunity to voice objections to proposed amendments to bye-laws, ensuring procedural fairness in governance.
The court affirmed that members must challenge resolutions to preserve their rights, and the Registrar's approval of amendments is valid if compliant with the Act and Rules.
The main legal point established in the judgment is that Sub-section (1-A) of Section 4 of the Societies Registration Act, 1860 provides for an appeal against an order made under Section 4 of the Act....
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
The court determined that the specific procedure under Rule 6 applies to registrar-directed amendments to cooperative society bye-laws, requiring only a majority vote without deliberation, affirming ....
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
for any reason if a new committee or the management for any reason whatsoever is not elected before the expiry of the term or that such Committee having been held is not functioning, as is the case o....
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