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NIKHIL S. KARIEL
PARMAR RAJENDRASINH DHIRSINH – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Senior Advocates Mr. Harin Raval and Mr. Mihir Thakore with learned advocate Mr. Chintan Champaneri for the petitioners, learned Advocate General Mr. Kamal Trivedi with learned AGP Mr. Vinay Vishen for the respondent Nos. 1 to 3 and learned Senior Advocate Mr. P.K. Jani with learned advocate Mr. Arpit Jani for the respondent No. 4 and learned advocate Mr. Kunal Nanavati for the respondent Nos. 5 to 7.
2. By way of this petition, the petitioners have challenged an order dated 16.03.2023 passed by the Registrar, Cooperative Societies, Gujarat State, appointing the respondent Nos. 5 to 7 as Government Nominees in the Managing Committee of M/s. Kheda District Cooperative Milk Producers Union Ltd., in exercise of power under Section 80(2) of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as “the Act”)
3. It is the case of the petitioners that they are elected members of the Managing Committee/Board of Directors of the respondent No. 4 Union. It is submitted that the respondent No. 4 is a Cooperative Society registered under the provisions of the Gujarat Cooperative Societies Act, 1961 and the Managing Committee/Board of
The State must independently form an opinion on public interest before appointing nominees to a cooperative society's managing committee, as mandated by Section 80(2) of the Gujarat Cooperative Socie....
The court emphasized the necessity of public interest and adherence to natural justice in appointing government nominees to cooperative societies under Section 80(2) of the Act.
Provisions of Section 76(B(2) would stand somewhat on different footing. This Court when is taking a view that action could be initiated under subsection (2) only after passing order of removal, issu....
The main legal point established in the judgment is that an order under Section 76B(2) of the Gujarat Co-operative Societies Act, 1961 cannot be passed without first issuing a notice for breach of Se....
Legal action under S.78 of the Maharashtra Co-operative Societies Act must respect principles of natural justice, including the right to respond to specific charges.
Disqualification of committee members requires clear show cause notices, and alternative remedies must be exhausted before seeking writ relief, affirming the importance of natural justice in administ....
Government resolutions under the Maharashtra Cooperative Societies Act are directory, not mandatory, and disqualification requires valid procedural compliance and adherence to principles of natural j....
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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