Dipakbhai Madhavlal Patel vs State Of Gujarat on 15 February, 2019

[Cites 7, Cited by 1]

Gujarat High Court

Dipakbhai Madhavlal Patel vs State Of Gujarat on 15 February, 2019

Equivalent citations: AIRONLINE 2019 GUJ 370

Bench: Bela M. Trivedi

         C/SCA/2529/2019                                        JUDGMENT




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 2529 of 2019


FOR APPROVAL AND SIGNATURE:

HONOURABLE MS.JUSTICE BELA M. TRIVEDI                           Sd/-

==========================================================

1     Whether Reporters of Local Papers may be allowed to
      see the judgment ?                                               NO

2     To be referred to the Reporter or not ?
                                                                       NO
3     Whether their Lordships wish to see the fair copy of the
      judgment ?                                                       NO

4     Whether this case involves a substantial question of law
      as to the interpretation of the Constitution of India or any     NO
      order made thereunder ?

==========================================================
                           DIPAKBHAI MADHAVLAL PATEL
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR BS PATEL with MR CHIRAG B PATEL(3679) for the PETITIONER(s) No.
1,2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
RESPONDENT(s) No. 1
MR KAMAL TRIVEDI, LD. ADVOCATE GENERAL with MS MANISHA L.
SHAH, GP with MS JYOTI BHATT, AGP for the Respondent No.1

==========================================================

    CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI

                                Date : 15/02/2019

                                ORAL JUDGMENT

1. The petitioners, by way of the present petition under Article 226 of the Constitution of India, Page 1 of 4 C/SCA/2529/2019 JUDGMENT have challenged the Resolution dated 17.12.2018 (Annexure-A) passed by the respondent No.2 District Panchayat, Mehsana and the Registration Certificate dated 18.12.2018 (Annexure-B) issued by the respondent No.3 Assistant District Registrar in favour of the respondent Nos.4 to 8 Societies.

2. As per the case of the petitioners, the petitioners were elected as the members of the Managing Committee of the Agriculture Market Committee, Unjha (hereinafter referred to as "APMC") in the year 2015 and are desirous of contesting the election declared to be held as per the programme dated 7.1.2019 by the Director, Agricultural Market and Rural Finance. According to the petitioners, the State Government had issued a Notification on 31.8.1981 delegating its powers to register the cooperative societies to the concerned District Panchayat under Section 9 of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the said Act"). Subsequently, the State Government in exercise of the powers conferred under Section 156 of Gujarat Panchayats Act, 1961, modified the said Notification of 1981 by issuing the Notification on 27.11.2018, whereby the powers of the District Panchayats were withdrawn as stated therein. Hence, the respondent District Panchayat had lost its powers to register the cooperative societies, however, the respondent Page 2 of 4 C/SCA/2529/2019 JUDGMENT No.2 District Panchayat passed the Resolution dated 17.12.2018 granting registration to the respondent Nos.4 to 8 Societies, and pursuant thereto the respondent No.3 also issued Registration Certificates on 18.12.2018 in favour of the said Societies. Hence, the present petition.

3. At the outset, it may be noted that as per Section 153 of the said Act, an appeal against the order or the decision under Sections 4 and 9 of the said Act lies before the forum as mentioned therein. The present petitioners without exhausting the said alternative, efficacious statutory remedy, has directly rushed to this Court by way of the present petition, which could not be entertained.

4. Though it is sought to be submitted by the learned Advocate Mr.B. S. Patel for the petitioners that the said Resolution, passed by the District Panchayat was without jurisdiction, and therefore, was null and void, and therefore, the same could be challenged before this Court in view of the decision of the Supreme Court in case of Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Others, reported in (1998) 8 SCC 1, and in case of M. P. State Agro Industries Development Corpn. Limited and Anr. Vs. Jahan Khan, reported in (2007) 10 SCC 88, the Court does not find any substance in the same.

Page 3 of 4

           C/SCA/2529/2019                                          JUDGMENT




   5. Today,          the     Court     has         already     dismissed     the

petitions being Special Civil Application Nos. 2526 of 2019, 2527 of 2019 and 2528 of 2019 involving similar issues, by passing detailed order. Hence, this petition does not deserve any further consideration. The petition is dismissed.

Sd/-

(BELA M. TRIVEDI, J) V.V.P. PODUVAL Page 4 of 4

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