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SUNITA AGARWAL, PRANAV TRIVEDI
Jetpur Group Vividh Karyakari Seva Sahkari Mandli Ltd. – Appellant
Versus
Satpal Dharamdas Patel – Respondent
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The instant appeal arising out of Special Civil Application No. 11194 of 2022 is directed against the common judgement and order dated 10.07.2023 which was passed by the writ Court in the above petition with Special Civil Application No. 11197 of 2022.
2. We may note, at the outset, that the judgement and order dated 10.07.2023 in Special Civil Application No. 11197 of 2022 was subjected to challenge by the respondent in Letters Patent Appeal No. 1134 of 2023, which has been dismissed vide judgement and order dated 21.12.2023.
3. On the presentation of the instant appeal, the first issue raised by the learned counsel for the respondent is about the entertainability of the instant appeal, in view of the aforesaid decision in the Letters Patent Appeal No. no.1134 of 2023 which arose out of the connected matter, namely Special Civil Application No. 11197 of 2022. The learned counsel for the respondents herein, i.e., the original petitioners, would submit that this Letters Patent Appeal is also to meet the same fate.
4. Mr. Baiju Joshi, learned counsel for the appellant has taken us through the record of the writ
The Board of Nominees has jurisdiction over disputes related to the constitution and management of societies under Section 96 of the Gujarat Co-Operative Societies Act, 1961.
An appellant challenging membership eligibility must pursue resolution under specific provisions of the Cooperative Societies Act, not through general dispute mechanisms.
A person who is not a party and who has not been served with such notice (notice of the judgment or order) cannot appeal without leave, but a person who might properly have been a party may obtain le....
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
[The court established that consent terms in electoral disputes are binding and that the rejection of nominations must be based on clear and consistent grounds, emphasizing the rights of members in t....
In cooperative society elections, zones formed by membership serial numbers when contiguity undiscernible; Article 226 permits directing membership verification for fair polls despite delays and reme....
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
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 Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
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