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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Nijanand Seva Sahakari Mandli Ltd. – Appellant
Versus
Udhela Seva Sahkari Mandali Limited Thro Its Delegate Saiyed Safimuhamad Illudin – Respondent
| Table of Content |
|---|
| 1. overview of election process and parties involved. (Para 1 , 2 , 3) |
| 2. single judge allowed the petition, reset election. (Para 4) |
| 3. appellant argues membership eligibility issues. (Para 5 , 6 , 7 , 8) |
| 4. respondent counters that election interference claims are unfounded. (Para 9 , 10) |
| 5. court's review and procedural context of litigation. (Para 11 , 12) |
| 6. examining sections of act relevant to membership disputes. (Para 13 , 14 , 15 , 16) |
| 7. court emphasizes jurisdiction issues and suit maintainability. (Para 17 , 18 , 19 , 20) |
| 8. final judgment rejecting the appeal. (Para 21) |
JUDGMENT :
(Aniruddha P. Mayee, J.)
1. The present Letters Patent Appeal impugns the judgment and order dated 10.7.2023 in Special Civil Application No.11197 of 2022. The petitioner and the respondent Nos.1 to 13 are the Cooperative Societies duly registered under the Gujarat Cooperative Societies Act, 1961 [“Act of 1961” for short]. The respondent societies are engaged in sale and purchase of agricultural products. They applied to become the members of the respondent No.16 – Gujarat State Cooperative Marketing Federation Limited [“Federation” for short]. The respondent No.16 - Federation having
An appellant challenging membership eligibility must pursue resolution under specific provisions of the Cooperative Societies Act, not through general dispute mechanisms.
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.
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....
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 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 of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
The Registrar has jurisdiction over disputes between a cooperative society and its members, regardless of the member's capacity in relation to the dispute.
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....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
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