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SANGEETA K. VISHEN
Manshukhbhai Ranchhodbhai Sardhara – Appellant
Versus
State Of Gujarat Notice To Be Served Through The Secretary Cooperation Department – Respondent
JUDGMENT :
Sangeeta K. Vishen, J.
1. With the consent of the learned advocates appearing for the respective parties, the captioned writ petition is taken up for final disposal.
2. Issue rule, returnable forthwith. Ms Nidhi Vyas, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent nos.1 to 4. Mr Anand B. Gogia, learned advocate waives service of notice of Rule on behalf of respondent no.5.
3. The captioned writ petition has been filed seeking quashing and setting aside of the order dated 28.09.2020 passed by the respondent no.2 i.e. Registrar, Co-operative Societies modifying the order dated 26.08.2020, whereby, two nominee directors Shri Devrajbhai Khodabhai Sakhiya and Dr. Bharatbhai Khodabhai Bogra have been removed and Shri Mukeshbhai Parshottambhai Kamani and Shri Gauravsinh Mahavirsinh Jadeja came to be nominated.
4. The facts, in brief, are that since the election of the Managing Committee of the respondent no.5 was due in the month of August 2020, election programme was declared under the provisions of Rule 16 of the Gujarat Specified Co-operative Societies Elections to Committee Rules, 1982 (hereinafter referred to as “the Rules of 1982”
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.
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....
Nominated members can be removed by the government without notice, as their appointment is based on political considerations and the doctrine of pleasure.
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....
Proper raising of objections and grounds, adherence to procedural requirements, and fair opportunity for all parties to present their case.
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....
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
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