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VAIBHAVI D. NANAVATI
Shree Chotila Milk Producers Cooperative Society Ltd. – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard Mr. Bharat T. Rao, the learned advocate appearing for the petitioners, Ms. Pooja Ashar, the learned AGP appearing for the respondents No.3 and 4 and Mr. V. C. Vaghela, the learned advocate appearing for the respondent No.5.
2. The petitioners herein are members of the respondent No.5 Society which is a Cooperative Societies registered under the provisions of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as “the Act, 1961). The District level cooperative millk producers' union having plant at Wadhwan G.I.D.C. and is also having chilling centre at Patadi and collecting milk from its area of operation through B.M.C. The petitioner herein are milk producer Cooperative Societies registered under the Act, 1961 and engaged in the business of collecting milk from the members and thereafter the milk is being transported to the respondent no.5 through vehicle deployed by respondent no.5 daily regularly in the morning and evening. The administration and management of the petitioner society is being looked after by the Managing Committee of the respective societies.
3. By way of present petition it is the case of the petitioner herein that the amendment to
The court established that participation in the amendment process precludes subsequent challenges to its validity under cooperative society regulations.
The right to contest elections in cooperative societies is statutory, and the court upheld the validity of existing bye-laws regarding seat reservations for S.C./S.T. without mandating specific const....
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
Where orders are passed condoning the delay, they are discretionary orders and ought not to be interfered with.
Allotment of seats to others-The Election Commission shall after having allotted seat reserved for the Schedule Castes, Schedule Tribes and socially and educationally backward classes under rules 4, ....
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
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