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VAIBHAVI D. NANAVATI
Shree Garida Milk Producers Cooperative Society Ltd. – Appellant
Versus
State of Gujarat – Respondent
ORDER :
Vaibhavi D. Nanavati, J.
1. Heard Mr. B.T. Rao, the learned advocate appearing for the petitioners, Ms. Pooja Ashar, the learned AGP appearing for the respondent No.1 and Mr. V.C. Vaghela, the learned advocate appearing for the respondent No.3.
2. The petitioners herein have approached this Court invoking Article 226 of the Constitution of India with a direction to amend the election programme dated 19.6.2024 (Annexure-P) to the petition by providing reserved seat for S.C./S.T. from Wadhwan Taluka as per talukawise alphabetical rotation as provided in the bye-laws of the respondent No.3.
3. The petitioners herein are milk producer cooperative societies registered under the Gujarat Cooperative Societies Act, 1961. The petitioners herein are members and office bearers of the respondent No.3 society - Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd.
4. It is the case of the petitioners that the bye-laws of the respondent No.3 have been approved by the respondent No.2 in the year 1975. The bye-law No.17 provides for Board of Directors, copy of the same is duly produced at Annexure-B. The bye-law No.17.1.1 came to be amended with effect from 29.6.2007. It is the case of the petit
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 participation in the amendment process precludes subsequent challenges to its validity under cooperative society regulations.
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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 preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the ....
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