Gujarat High Court
Jasubhai Shivabhai Patel vs The State Of Gujarat on 2 September, 2024
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10996 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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JASUBHAI SHIVABHAI PATEL & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1,2,3
MR G H VIRK, LD. GOVERNMENT PLEADER with MS NIDHI VYAS, AGP for the Respondent(s)
No. 1
MR BHARAT T RAO(697) for the Respondent(s) No. 4
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
Y J BRAHMBHATT(8707) for the Respondent(s) No. 4
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 02/09/2024
ORAL JUDGMENT
1. Issue Rule, returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of notice of rule for and on behalf of the respondent Nos.1,2,3 and Mr. Bharat T. Rao, learned advocate Page 1 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined with Mr. Y.J. Brahmbhatt, learned advocate waives services of notice of rule for and on behalf of the respondent No.4.
2. The petitioner No.1 herein is elected Director of Respondent No.4 - Sabarkantha District Cooperative Milk Producers' Union Limited. The petitioner No.1 is also the member of the Managing Committee. The respondent No.4 is a specified cooperative society within the meaning of Section 74(C) of the Gujarat Cooperative Societies Act, 1961. 2.1 The elections of the members of the Managing Committee of the respondent No.4 was declared on 30.01.2024. Upon following due procedure, the election was held on 10.03.2024 and the result was declared on 11.03.2024 wherein, the petitioner No.1 was elected from Malpur Constituency (Zone - 13) and thereby, the petitioner No.1 became elected Director of the Respondent No.4. It is the case of the petitioners that as per Section 145(z) of the Gujarat Cooperative Societies Act, 1961, the elections of the office bearers or the officers of the society such as Chairman and Vice Chariman is to be held as per the byelaws of the society and any meeting for the purpose of such elections shall be presided by the Collector or an officer nominated by the Page 2 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined Collector.
2.2 By communication dated 11.03.2024, the respondent No.4 informed the Collector - the respondent No.2 herein; with regard to the elections of the Board of Directors and requested the respondent No.2 to hold the elections of the Chairman and Vice Chairman of the respondent No.4 - society. Considering the ensuing Loksabha elections, the respondent No.2 vide communication dated 22.05.2024 and 05.06.2024 informed to the respondent No.4 that the elections of the office bearers of the specified societies cannot be held. It is the case of the petitioners that the said ground for not holding the elections of Chairman and Vice Chairman was misconceived as because of the code of conduct, the elections of the Managing Committee cannot be held but, there is no bar or any fetter for holding the elections of the office bearers. The election of NAFED was held during the continuance of the code of conduct therefore, the aforesaid reason given by the Collector for not holding the elections of the office bearers, does not hold good. 2.3 It is the case of the petitioners that upon expiry of the code of conduct, the Collector - respondent No.2 herein vide letter dated 10.06.2024 informed the respondent No.4 to send Page 3 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined a fresh proposal for holding elections of the Chairman and Vice Chairman of the respondent No.4 - society, duly produced at Annexure - F to the petition. The respondent No.4 submitted a fresh proposal on 18.06.2024 to which, various queries came to be raised by the respondent No.2. The petitioners have been answering the said queries raised by the respondent No.2 from time to time. In-spite of the aforesaid, in absence of the declaration of the elections for Chairman and Vice Chairman of the respondent No.4 - society, the petitioners herein are constrained to approach this Court invoking Article 226 of the Constitution of India, seeking the following reliefs:
"(A) This Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus, or any other appropriate writ, direction or order commanding the respondent authorities more particularly, Respondent nos.2 and 3 to declare and hold elections of the Chairman and Vice Chairman of the Respondent no.4 -
Sabarkantha District Cooperative Milk Producers' Union Limited at the earliest within such stipulated short time as may be directed by this Hon'ble Court.
(B) Pending admission, hearing and final disposal of this petition, this Hon'ble Court be pleased to direct the Respondent no.2 Collector to issue the agenda for the meeting of Board of Directors for the purpose of holding elections of Chairman and Vice Chairman of the Respondent no.4 - Sabarkantha District Cooperative Milk Producers' Union Limited.
(C) The Hon'ble Court be pleased to grant such other and further relief in the interest of justice."
3. Mr. Dipan Desai, learned advocate appearing for the petitioners, submitted that the respondents be directed to Page 4 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined declare the elections of the Chairman and Vice Chairman of the respondent No.4 - society. It is submitted that even if there are any objections that may be raised, the same can be considered once the Election Officer is appointed by the respondent No.2. Placing reliance on Section 145(Z) of the Gujarat Cooperative Societies Act, 1961, it is submitted that the respondent No.2 herein is required to call for the meeting or the Collector can nominate an officer on his behalf. It is submitted that it is at this stage, when the Election Officer is appointed, even if there are any objection, the same can be considered by the respondent No.2. It is submitted that the Loksabha Elections are also over and in view thereof, the prayers, as prayed for by the petitioners, in the present petition, be considered.
3.1 Reliance is placed on the ratio laid down in case of Thakore Sitaji Mohanji and Another vs. The District Registrar, Co.op. Societies & Deputy Director, Agricultural Marketing and Rural Finance, Mehsana and Ors., reported in 1996 (2) GLH 416 more particularly, paragraphs 8 and 9. Reliance is also placed on the ratio laid down in case of Kantilal Rajhuram Thakkar vs. The Director of Agricultural Marketing & Rural Page 5 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined Finance & Anr., reported in 1988 (1) GLH 27 more particularly, paragraphs 3, 4 and 5. Placing reliance on the aforesaid, it is submitted that though the aforesaid judgments are in case of APMC, the same would apply to the provisions of the Gujarat Cooperative Societies Act also. It is submitted that it is in the interest of justice that the respondent No.2 to call for the meeting for the said elections in accordance with Section 145(Z) of the Gujarat Cooperative Societies Act, 1961. It is submitted that the queries raised by the respondent No.2 are duly answered by the respondent No.4 herein and that, the same be considered and declare the elections for Chairman and Vice Chairman.
3.2 Reliance is also placed on the affidavit-in-reply filed by the respondent No.2 which is duly produced at page 49 to the petition. Answering the queries raised in paragraph 12 at page 53, it is submitted that all the queries/discrepancies proposed to, are duly satisfied by the respondent No.4 wherein, the respondent No.4 herein; (i) with respect to the nominee of the Sabarkantha District Cooperative Bank Ltd., only letter which indicated the nomination was submitted without any updated supporting board resolution, has duly replied vide letter dated Page 6 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined 11.03.2024 duly produced at page 64; (ii) with respect to the nominee of the Gujarat Cooperative Milk Federation Ltd. (GCMFF), no supporting document was submitted, has duly replied vide letter dated 17.03.2017 duly produced at page 71; and (iii) with respect to the nominee of the National Dairy Development (NDDB), no supporting document was submitted, has duly replied vide letter dated 12.07.2024 duly produced at page 77. Placing reliance on the aforesaid submissions, it is submitted that all the queries/discrepancies as raised in the proposal are also answered to be as on date.
3.3 Mr. Desai, learned advocate, submitted that the elections of the respondent No.4 with respect to the Managing Committee for which, the results are declared on 11.03.2024, is not subject matter of challenge before any of the Forums and in view thereof, there is no reason for not declaring the elections for Chairman and Vice Chairman for the Managing Committee of the respondent No.4. It is submitted that even if, there is a challenge with respect to the elections, placing reliance on the ratio as referred above, it is submitted that the elections for the post of Chairman and Vice Chairman cannot be stalled. It is apprehended that if such election is not held, Page 7 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined under such circumstances, the custodian would be appointed under Section 74(D) of the Act. In light of the aforesaid, it is submitted that the prayers, as prayed for by the petitioner, be allowed.
4. Mr. G.H. Virk, learned Government Pleader appearing for the respondent Nos.1, 2 and 3, relied on the affidavit-in-reply filed by the respondent No.2 and submitted that as such there is no objection to hold such elections however, there is query a with respect to the nomination of one Shri Mahesh Amichandbhai Patel, who is the representative of the Sabarkantha District Co-operative Bank Ltd., and in view thereof, the same is sent to the District Registrar, by the Collector. Placing reliance on the byelaw No.35(C) of the respondent No.4, it is submitted that once the query would be answered, if the respondent No.2 would be satisfied, appropriate steps would be undertaken. It is submitted that in light of the aforesaid, the respondent No.2 is only waiting for the reply from the respondent No.3 as the query has been put before the respondent No.3 by communication dated 05.07.2024 duly produced at page 68 to the petition.
5. Mr. Bharat T. Rao, learned advocate appearing for the Page 8 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined respondent No.4, has taken the court through the communication placed on record at page 69, which is a Resolution by the Sabarkantha District Central Co.op. Bank Ltd. wherein, by the Resolution No.10(A), it was stated that Shri Maheshbhai Patel is appointed as nominee of the bank. The said communication is dated 27.06.2024. The Resolution No.8 came to be passed by the Gujarat Co-operative Milk Marketing Federation Limited dated 17.02.2023 wherein, one Mr. Jayen Mehta, is nominated as Federation's representative. It is submitted that by the communication dated 17.03.2017, one Shri Meenesh C. Shah, Group Head (CMC), NDDB, Anand, who was appointed as NDDB's nominee by further communication dated 12.07.2024 duly produced at page 77 to the petition. The said communication is communicated to the Managing Director of the respondent No.4; duly signed by the Executive Director (Technical) of the NDDB stating that Shri Meenesh C. Shah, Managing Director, NDDB, continues to be the Principal Nominee on Board of Sabarkantha Milk Union and Shri Abhijit Bhattacharjee, General Manager, to be the alternate nominee. 5.1 Placing reliance on the aforesaid, it is submitted that all the queries as raised by the respondent No.2 are duly satisfied Page 9 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined by the respondent No.4 herein and in view thereof, the elections of the Chairman and Vice Chairman of the Managing Committee of the respondent No.4, be directed to be declared and the prayers, as prayed for by the petitioners herein, be allowed.
Analysis:-
6. Having heard the learned advocates appearing for the respective parties, it emerges that upon elections being held by the respondent No.4 for the Managing Committee of the respondent No.4, the result was declared on 11.03.2024. The respondent No.4 approached the respondent No.2 for holding elections of the Chairman and Vice Chairman of the respondent No.4 - society. It appears that in view of the Loksabha elections; having been declared, the elections of the office bearers of the specified societies, could not be declared. 6.1 Upon completion of the Loksabha elections, the petitioners herein vide letter dated 18.07.2024 requested the respondent No.2 to declare and hold the elections of the Chairman and Vice Chairman for Managing Committee of the respondent No.4. On 10.06.2022, the respondent No.2 issued a Page 10 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined communication to send fresh proposal for holding elections of Chairman and Vice Chairman of the respondent No.4 - society. Accordingly, a fresh proposal was send by the respondent No.4 on 18.06.2024.
6.2 From the perusal of the record, it emerges that there has been various communications exchanged between the respondent No.2 and the respondent No.4 herein with respect to the proposal for holding the elections of the Chairman and Vice Chairman of the respondent No.4 - society. In the aforesaid background, the petitioners herein have approached this Court for a direction qua the respondent No.2 to declare and hold the elections of Chairman and Vice Chairman of the respondent No.4.
7. At this stage, it is apposite to refer to Section 145(Z) of the Gujarat Cooperative Societies Act, 1961, which reads thus:
"145Z. Special provision for election of officers of specified societies.
(1) This section shall apply only to election of officers by members of committees of societies belonging to the categories specified in Section 74-C. (2) After the election of the members of the committee or whenever such election is due, the election of the officer or officers of any such society shall be held as provided in its bye-laws, but any meeting of the committee for this purpose shall be presided over by the Collector or an officer nominated by him in this behalf."Page 11 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024
NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined 7.1 It is also apposite to refer to byelaw No.35(C) of the Sabarkantha Cooperative Milk Producers Union Limited, which reads thus:
"35(C) One representative of the Gujarat Co-operative Marketing Federation Ltd. Ananad."
7.2 In case of Kantilal Rajhuram Thakkar vs. The Director of Agricultural Marketing & Rural Finance & Anr., reported in 1988 (1) GLH 27, the Hon'ble Court held in paragraphs 3, 4 and 5 as under:
"3. The committee elected its Chairman and Vice-Chairman on Sept. 19, 1985. Rule 35 of the Gujarat Agricultural Produce Markets Rules, 1965, inter alia, provides that any person elected as Chairman or Vice shall hold office for two years from the date of his election as Chairman or Vice-Chairman, as the case may be. Therefore, the term of the Chairman and Vice- Chairman, elected on Sept. 19. 1985 came to an end on September 18, 1987. It. therefore, became necessary to hold the election of Chairman and Vice-Chairman of the Committee. The District Registrar of Co-operative Societies and Deputy Director, Agricultural Marketing and Rural Finance, Mehsana - respondent No. 2 herein - issued notice Annexure 'A' dt. Sept. 14. 1987 for holding of election of Chairman and Vice-Chairman on Sept. 23. 1987. A meeting of the Committee was called on Sept. 23. 1987 for the purpose of electing Chairman and Vice-Chairman. However, by notice Annexure 'B' dated September 21, 1987, the Secretary of the Committee informed the members of the Committee that the meeting which was to be held on Sept. 23. 1987, was postponed for administrative reasons. Thereafter, no notice for holding the meeting of the Committee for the purpose of electing Chairman and Vice-Chairman has been given. The grievance of the petitioner is that, there is no reason or Justification for not holding such meeting and it is the duty of respondent No. 2 to call meeting of the Committee for the purpose of electing Chairman and Vice-Chairman. It is in the background of these facts that the petitioner has moved this court by way of this petition seeking direction against the respondents to hold the meeting of the Committee for the purpose of selecting the Chairman and Vice- Chairman of the Committee.
4. The only ground on which the respondents have resisted this petition is that, fresh election of Chairman and Vice-Chairman for a Page 12 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined period of two years, as provided in R. 33 of the aforesaid Rules, is likely to create complications in view of the fact that the election for the reconstitution of the Committee has already been held on Nov. 30, 1985. It is submitted that, if new Chairman and Vice-Chairman are elected under R. 33, they would remain in office for a period of two years. According to the respondents, this would mean that when the new Committee comes into existence, it will not be able to elect its Chairman and Vice-Chairman and this would lead to complications. In this connection, may attention was drawn to R. 31 of the Rules, which provides for election of Chairman and Vice-Chairman of the Committee on its constitution. It is submitted that the Chairman and Vice- Chairman, who are elected on Sept. 19, 1985, continue to hold office until new Chairman and Vice-Chairman are elected and, therefore, it is not necessary to hold election of the Chairman and Vice-Chairman specially in view of the fact that complications are likely to arise when the new Committee comes into existence.
5. I do not see any substance in the contentions raised on behalf of the respondents. Under S. 11(4)(b), the Committee continues to be in existence and this position, as already observed above, has not been disputed on behalf of the respondents. Under R. 33, persons who are elected as Chairman and Vice-Chairman hold office for two years. In the instant case, the election of the Chairman and Vice-Chairman was held on Sept. 19, 1985 and, therefore, the term of two years has expired on Sept. 18, 11987. It was, therefore, necessary to hold fresh election of Chairman and Vice-Chairman. I fail to see as to how any Complications will arise on account of the election or reconstitution of the Committee. Election of the Committee was held on Nov. 30. 1985, but it has not been reconstituted on account of the election disputes which are pending, before various authorities. It is because the Committee has not been reconstituted, that the Committee of which the petitioner is member continues to be in existence. If the Committee continues to be in existence, there is no reason why it should not elect Chairman and Vice-Chairman every two years, as provided in the Rules. On the reconstitution of the Committee, R. 31 of the Rules will come into operation and election of the Chairman and Vice-Chairman of the reconstituted Committee will have to be held. The term of office of the Chairman and Vice-Chairman of the Committee cannot extend beyond the term of the Committee. Therefore, even if the Chairman and Vice-Chairman are, elected for a period of 2 years, their term will come to an end along with the term of the Committee, Therefore, the election of new Chairman and Vice- Chairman on the reconstitution of the Committee does not pose any problem, as urged on behalf of the respondents. It would appear that, though it is stated in the notice Annexure 'B' that the Action of Chairman and Vice-Chairman is postponed on account of administrative reasons, the respondent No. 2 had decided not to hold the election of the Chairman and Vice-Chairman for the reasons stated in the affidavit-in-reply, which are of no substance. It is the duty of the respondent No. 2 to call the meeting of the Committee for the purpose of holding election of the Chairman and Vice-Chairman since the term of the existing Chairman and Vice-Chairman has already expired. The contentions which are raised on behalf of the respondents are, therefore, rejected."Page 13 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024
NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined 7.3 In case of Thakore Sitaji Mohanji and Another vs. The District Registrar, Co.op. Societies & Deputy Director, Agricultural Marketing and Rural Finance, Mehsana and Ors. , reported in 1996 (2) GLH 416, the Hon'ble Court held in paragraphs 8 and 9 as under:
"8. A brief view of the provisions referred to above makes it clear that once elections take place a duly constituted market committee comes into existence. Thereafter if election of any one or more members is set aside for any reason it results in vacancy in the market committee but does not affect the constitution of market committee itself. Setting aside of election of one or more person has to be distinguished from the holding of elections as a whole to be invalid resulting into a situation as if no elections have been held. So long that effect is not brought about once a properly constituted market committee comes into existence as a result of elections, the subsequent vacancies arising on account of upsetting of the result or for any other reason whatsoever does not result in rendering the constitution of market committee itself non existent. Section 16 makes it abundantly clear that the existence of any vacancy or defect in the constitution of the market committee, as contradistinguished from non existence of a duly constituted market committee, does not affect the legality or validity of the proceedings of the market committee on that account alone.
9. In view of the aforesaid, if we look at the facts of the present case, the elections of the petitioners as well as respondents Nos.3 to 8 representing class of persons mentioned in para (i) along with persons representing class of persons referred to in para (ii) and (iii) of Section 11(1) came to be held on 4.1.1994. The persons representing all the constituencies formed into a properly constituted market committee meeting of which was held on 15.2.1994 to elect Chairman and Vice Chairman in terms of Rule 31. Chairman and Vice Chairman were elected. It is not the case of any one that the meeting held on 15.2.1994 cannot be considered a meeting of the committee at all nor is it the case of the petitioner that it cannot be considered as legitimate outcome of that meeting. So the election of Chairman and Vice Chairman, once it is held that a properly constituted Market Committee existed, held its meeting and discharged functions of the Market Committee, it must necessarily follow that setting aside of elections of eight persons resulted in causing vacancy albeit only, of one set of constituency in the Market Committee, which required to be filled in terms of Section 15. As has been noticed above, as a result of interim order obtained by petitions in Special Civil Application Page 14 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined No.10720 of 1995, fresh elections to fill vacancies caused by setting aside their elections have been stayed. Therefore, notwithstanding continuing vacancies a market committee consisting of the remaining members continued to exist and they are under an obligation to act as market committee in order to discharge their duties giving effect to various provisions of the Act and the rules made thereunder. That obligation includes election of Chairman and Vice Chairman on completion of the terms of the existing Chairman and Vice Chairman which is a mandatory requirement. The fact that vacancy continues to exist for one reason or the other cannot be a ground for withholding holding of meetings for such elections.
It may be pertinent to notice here a decision of this Court in the case of Kantilal Rajhuram Thakkar v. Director of Agricultural Marketing and Rural Finance Gujarat and Anr. reported in 29(1) GLR 376. The issue had arisen on account of hiatus between the expiry of the term of the existing committee and holding of elections of new committee. Under the provisions of the Act, the term of an elected committee were to extend upto the time meeting of newly elected committee is held. The elections of Chairman and Vice Chairman of such committee which was deemed to continue until holding of the meeting by the newly elected committee is held was challenged inter alia on the ground that with extension of the term of elected committee, the term of Chairman and Vice Chairman to hold office for two years must also deemed to be extended. The Court while opining that the office bearers have ceased to hold office, the moment the term of committee of which they were members expires, but held that -
"it was therefore necessary to hold fresh elections of Chairman and Vice Chairman. Election of committee was held on November 30, 1985, but it had not been reconstituted on account of the election disputes which was pending before various authorities. It is because the committee had not been reconstituted, that the committee of which the petitioner was a member continued to be in existence. If the committee continued to be in existence, there was no reason why it should not elect Chairman and Vice Chairman every two years, as provided in the Rules. On the reconstitution of the Committee, Rule 31 of the Rules would come into operation and election of the Chairman and Vice Chairman of the reconstituted committee would have to be held."
8. Considering the position of law, as referred above, wherein, it is held that the elections of the Chairman and Vice Chairman could not be stalled on apprehension that the aforesaid would result in complications. It was further held that it is the duty of the respondent No.2 to call for the meeting of Page 15 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined the committee for the purpose of holding elections of Chairman and Vice Chairman since the term of the existing Chairman and Vice Chairman had already expired. It is obligatory to hold the elections of Chairman and Vice Chairman once the committee is constituted. In the facts of the present case, as referred above, and considering the documents that are produced on record, it emerges that the queries/discrepancies which according to the respondent No.2 are unanswered by the respondent No.4 herein, stand satisfied, pending the present petition.
8.1 It is apposite to deal with the queries/discrepancies which are raised by the respondents duly produced to the affidavit-in- reply at page 53, paragraph 12, which read thus:
"(i) With respect to the nominee of the Sabarkantha District Cooperative Bank Ltd., only letter which indicated the nomination was submitted without any updated supporting board resolution."
The aforesaid query is duly satisfied by communication dated 11.03.2024 whereby, the list of voting delegates of Sabarkantha District Co-operative Milk Producers Union Limited for election of Chairman and Vice Chairman as per the byelaw No.35, sub-section 4 was duly sent to the respondent No.2 - Collector.
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NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined "(ii) with respect to the nominee of the Gujarat Cooperative Milk Federation Ltd. (GCMFF), no supporting document was submitted."
The aforesaid query is answered by communication dated 11.02.2023 by Resolution No.8, the Board approved the nomination of Shri Jayen Mehta, In-charge, M.D., for nomination of Federation's representative on the Board for Sabarkantha Milk Union. The aforesaid was communicated by the respondent No.4 to the respondent No.2 on 12.07.2024.
"(iii) with respect to the nominee of the National Dairy Development (NDDB), no supporting document was submitted."
The aforesaid query is answered by communication dated 12.07.2024 whereby, the NDDB states that Shri Meenesh C. Shah was appointed as the Principal Nominee of NDDB on the Board of Sabarkantha Milk Union and Shri Rajesh Gupta will be NDDB's alternate nominee on the Board. Shri Meenesh C. Shah, Managing Director, NDDB continues to be on the Board of Sabarkantha Milk Union and Shri Abhijit Bhattacharjee, General Manager be the alternate nominee. The said communication issued by the approval of the competent authority.
8.2 Upon perusal of the aforesaid, it emerges that it is not in Page 17 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024 NEUTRAL CITATION C/SCA/10996/2024 JUDGMENT DATED: 02/09/2024 undefined dispute that the respondent No.4 has satisfied all the queries raised by the respondent No.2 - Collector.
9. The respondent No.4 vide letter dated 11.03.2024, 17.03.2017 and 12.07.2024 respectively, duly produced at page 64, 71 and 77, replied to the aforesaid queries/discrepancies raised by the respondent No.2. In view thereof, the queries/discrepancies raised by the respondent No.2, stands satisfied more particularly, the query with respect to the nomination of the bank under the byelaw No.35(C).
10. Taking into consideration the documents that are produced on record, the respondent No.2 act in accordance with Section 145(Z) of the Gujarat Cooperative Societies Act, 1961, within a period of three weeks from the date of receipt of this order. In exercise of extra-ordinary jurisdiction under Article 226 of the Constitution of India, the present petition is allowed to the aforesaid extent.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) NEHA Page 18 of 18 Uploaded by NEHA PRAJAPATI(HC01404) on Wed Sep 11 2024 Downloaded on : Fri Sep 13 22:17:10 IST 2024