Gujarat High Court
Mehsana District Central Co Operative ... vs State Of Gujarat & 4 on 24 February, 2015
Bench: M.R. Shah, G.B.Shah
C/SCA/2355/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2355 of 2015
====================================
MEHSANA DISTRICT CENTRAL CO OPERATIVE BANK
LIMITED....Petitioner(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
====================================
Appearance:
MR DIPEN DESAI, ADVOCATE for the Petitioner(s) No. 1
MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1 5
====================================
CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE G.B.SHAH
Date : 24/02/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. By way of this petition under Article 226 of the Constitution of India the petitioner - bank, through its Chairman/Manager, has prayed for an appropriate writ, order or direction directing the respondents - authorities, more particularly, respondent Nos. 3 and 4 to initiate the process of holding elections of the members of the Managing Committee of the petitioner - bank and complete the same as early as possible, prior to expiry of the Page 1 of 4 C/SCA/2355/2015 ORDER term of the present body.
2. It is the case on behalf of the petitioner that though the term of the members of the Managing Committee of the petitioner - bank is to expire on 01/04/2015 and though the respondent No. 4 is appointed as an Election Officer as back as on 19/12/2014 and though, even as per Section 145(c) of the Gujarat Co operative Societies Act (for brevity, 'the Act'), as far as possible, the election is required to be held prior to one month of expiry of the term of the Managing Committee, no further steps are taken by the Election Officer. It is further the case on behalf of the petitioner that as such, the election of the new body is required to be held prior to the expiry of the term of the present committee, otherwise, either the term of the present committee is required to be extended in view of the provisions of the Act or it will give an opportunity/chance to the State Government to appoint an Administrator. It is submitted that, to avoid the aforesaid, the election of the members of the Managing Committee of the petitioner - bank is required to be held as early as possible and prior to the expiry of the term of its members (present body).
Page 2 of 4 C/SCA/2355/2015 ORDER
3. In response to the Notice issued by this Court, Shri Dhawan Jayswal, learned Assistant Government Pleader, has appeared on behalf of the respondents. It is reported that the respondent No. 4 is personally present in the Court. An affidavitinreply is filed on behalf of the respondent No. 4 submitting that further process of holding the elections of the members of the Managing Committee of the petitioner - bank shall commence on and from 25/02/2015. Shri Jayswal, learned Assistant Government Pleader, for the respondents, more particularly, respondent No. 4, under the instructions from the respondent No. 4 who is personally present in the Court, has stated at the bar that, as such, the process for delimitation of the constituencies as per Rules 3A(8) and (9) of the Gujarat Specified Cooperative Societies Elections to Committees Rules, 1982 (for brevity, 'the Rules') shall be concluded on or before 28th February 2015. He has also stated at the bar that thereafter immediately, the process for preparation and declaration of the Provisional Voters' List shall be initiated and the Election Programme shall also be declared at the earliest after completing the formalities as per the Act and the Rules. He has also stated at the bar that in any case, the election of the members of the Managing Committee of the petitioner bank shall be held and concluded as early as possible Page 3 of 4 C/SCA/2355/2015 ORDER and preferably on or before 30th April 2015, unless there is any restraint order. The concerned respondents, more particularly, the respondent No. 4 is directed to act as stated herein above.
4. In view of the above, Shri Dipen Desai, learned advocate appearing for the petitioner does not press the present petition and seeks permission to withdraw the same, at this stage. The permission to withdraw the petition is granted accordingly. The petition stands dismissed as withdrawn, at this stage, with aforesaid directions.
4.1 So far as prayer of the petitioner seeking appropriate writ, order or direction for restraining the respondents from appointing Administrator/Custodian in the petitioner bank after expiry of the term of the present body is concerned, no opinion is expressed at this stage and for that, the petition can be said to be premature.
[ M. R. Shah, J. ] [ G. B. Shah, J. ] hiren Page 4 of 4