Gujarat High Court
Karjipura (Godh) Seva Sahakari Mandli vs State Of Gujarat & 3 on 6 July, 2015
Bench: Jayant Patel, Rajesh H.Shukla
C/SCA/10876/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 10876 of 2015
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KARJIPURA (GODH) SEVA SAHAKARI MANDLI
LIMITED....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR DIPEN DESAI, ADVOCATE for the Petitioner(s) No. 1
MR RAKESH PATEL, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL
and
HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 06/07/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. At 11.00 AM, the matter was mentioned for circulation today since the voting is scheduled upto 5.00 PM today and by virtue of the impugned order, the registration is cancelled and consequently, the District Registrar has conveyed to the Election Officer to act as per the order of the Additional Registrar.
2. As it was mentioned, Court had permitted circulation today in the second sitting.
3. We have heard Mr.Desai, learned counsel for the petitioner and Mr.Patel, learned AGP upon advance copy.
Page 1 of 3 C/SCA/10876/2015 ORDER4. This Court in SCA Nos.8718/15 and 8719/15, vide order dated 29.06.2015, at paragraph 15, had directed that the names of the members of the managing committee of the society shall stand restored in the voters list and they would be entitled to participate at the ensuing election of market committee (APMC Panthawada) in accordance with law. It has been stated that the petitioner is not at all aware about the suo motu revision proceedings taken by the Additional Registrar (Appeals), Cooperative Societies against the registration granted to the petitioner society in January 2013, two years' back and no opportunity of hearing has been given before passing the order dated 04.07.2015.
5. Hence, Notice returnable on 13.07.2015. By ad interim order, the operation and implementation of the order for cancellation of registration and for direction not to permit the petitioners at the election are stayed and suspended subject to further order/s which may be passed in the present petition. It is clarified that as a consequence of the ad interim order, the petitioner through its representatives shall be entitled to participate at the election which is going on today.
6. The learned counsel Mr.Dipen Desai shall be at the liberty to convey this order through fax as well as telephone to the election officer, respondent no.3. The learned AGP shall also Page 2 of 3 C/SCA/10876/2015 ORDER additionally convey the order.
(JAYANT PATEL, J.) (RAJESH H.SHUKLA, J.) bjoy Page 3 of 3