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VAIBHAVI D. NANAVATI
Jasubhai Shivabhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Issue Rule, returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of notice of rule for and on behalf of the respondent Nos.1,2,3 and Mr. Bharat T. Rao, learned advocate with Mr. Y.J. Brahmbhatt, learned advocate waives services of notice of rule for and on behalf of the respondent No.4.
2. The petitioner No.1 herein is elected Director of Respondent No.4 – Sabarkantha District Cooperative Milk Producers’ Union Limited. The petitioner No.1 is also the member of the Managing Committee. The respondent No.4 is a specified cooperative society within the meaning of Section 74(C) of the Gujarat Cooperative Societies Act, 1961.
2.1 The elections of the members of the Managing Committee of the respondent No.4 was declared on 30.01.2024. Upon following due procedure, the election was held on 10.03.2024 and the result was declared on 11.03.2024 wherein, the petitioner No.1 was elected from Malpur Constituency (Zone – 13) and thereby, the petitioner No.1 became elected Director of the Respondent No.4. It is the case of the petitioners that as per Section 145(z) of the Gujarat Cooperative Societies Act, 1961, the elections of the office bearers or
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
Proper raising of objections and grounds, adherence to procedural requirements, and fair opportunity for all parties to present their case.
The main legal point established in the judgment is the importance of exhausting the remedy before the Tribunal before approaching the High Court for interference with interim orders.
The court upheld the jurisdiction of the authorized officer to remove names from the voters' list if their election or nomination does not adhere to statutory guidelines.
Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in....
The authority to appoint a Supervisor under Section 29-G of the Karnataka Co-operative Societies Act is valid, and resolutions passed by a majority of Directors cannot be annulled based solely on all....
Point of Law - Question as to whether the resolution as alleged by the petitioner was passed or not or any new members in the Managing Committee were included or excluded are the substantial question....
The suspension of election should only occur under specific circumstances as provided in the rules, and the appointment of an alternative body and election officer may be necessary to ensure a free a....
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