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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
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 found the petitioner societies to be qualified, enrolled them as their members on 25.3.2021. That the respondent No.16 - Federation being an apex level society which is a specified society under Section 74 (C) of the Act of 1961, elections were declared to be conducted as the term of the Managing Committee of the said Federation was expiring in July 2022. Accordingly, a voters list came to be prepared by the respondent No.16 - Federation and it forwarded the same to the Election Officer for preparation of the final voters list. The preliminary voters list came to be published on 16.5.2022 a
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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