Gujarat High Court
Mukeshbhai Revabhai Patel & 13 vs State Of Gujarat & 6 on 26 November, 2014
Bench: M.R. Shah, R.D.Kothari
C/SCA/16703/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 16703 of 2014
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MUKESHBHAI REVABHAI PATEL & 13....Petitioner(s)
Versus
STATE OF GUJARAT & 6....Respondent(s)
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Appearance:
MR ASHISH H SHAH, ADVOCATE for the Petitioner(s) No. 1 14
MR DHAWAN JAYSWAL AGP for the Respondent(s) No. 1
MAHESH C PATEL, ADVOCATE for the Respondent(s) No. 6
MR DIPEN DESAI, ADVOCATE for the Respondent(s) No. 4
MR HARSH N PAREKH, ADVOCATE for the Respondent(s) No. 7
MR JINESH H KAPADIA, ADVOCATE for the Respondent(s) No. 3
MS NAYANA M PATEL, ADVOCATE for the Respondent(s) No. 6
NOTICE SERVED BY DS for the Respondent(s) No. 1 2 , 5
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 26/11/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. By way of this petition under Article 226 of the Constitution of India, the petitioners herein - 14 newly elected Directors of respondent no. 3 - Bank have prayed for the following reliefs : "11(a) That this Hon'ble Court be pleased to issue writ of mandamus or any another appropriate writ, order or direction quashing and setting aside the communication dated 15.11.2014 issued by the Respondent No. 2 - Election Officer in cancelling the first meeting of the Board Page 1 of 6 C/SCA/16703/2014 ORDER of Directors of Respondent No. 3 - Bank
(b) That this Hon'ble Court be pleased to issue writ of mandamus or any another appropriate writ, order or direction, directing the Respondent No. 2 to immediately hold the first meeting of the Board of Directors of the Bank from the stage at which it was cancelled as the agenda notice dated 03.11.2014 was served to all the newly elected Directors.
(bb) That this Hon'ble Court be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned order dated 17.11.2014 passed by the Gujarat State Cooperative Tribunal below Application for stay Exhibit5 in Revision Application No. 121 of 2014. (bbb) That pending admission, hearing and final disposal of this petition, this Hon'ble Court be pleased to stay the operation, execution and implementation of the impugned order dated 17.11.2014 passed below Application Exhibit 5 in Revision Application No. 121 of 2014."
2. At the outset it is required to be noted that the election of the Directors of respondent no. 3 The Sabarkantha District Central Co operative Bank Limited (hereinafter referred to as the "Bank") has been held on 20.10.2014 and the petitioners herein and respondents nos. 4 to 7 are declared as elected Directors of respondent no. 3 - Bank. As per the provisions of law and byelaws, the first meeting of the newly elected Directors was to be convened and held for the purpose of elections for the post of Chairman and ViceChairman of the Bank and, therefore, an agenda notice dated 15.11.2014 was issued to convene the first meeting. Before one day i.e. on 14.11.2014, respondent no. 4 herein filed a Lavad Suit before the learned Board of Nominees, Mehsana making one of the main grievance that he has not been served with the agenda notice of the meeting to be held on 15.11.2014 and he Page 2 of 6 C/SCA/16703/2014 ORDER wanted to contest the election for the post of Chairman. That in the said Suit respondent no. 4 - original plaintiff submitted an application for interim injunction restraining the Election Officer from convening and/or holding meeting on 15.11.2014 for the election of Chairman/ViceChairman of the Bank without serving any agenda notice to him and the learned Board of Nominees granted interim injunction as prayed for restraining the Election Officer from convening meeting on 15.11.2014 and/or any further meeting for the election of Chairman/ViceChairman of respondent no. 3 - Bank without serving agenda notice upon the petitioners. The said adinterim injunction is operative till today in view of the subsequent order passed by the Gujarat State Cooperative Tribunal.
3. At this stage, it is required to be noted that even as per the interim injunction passed by the learned Board of Nominees, Election Officer can convene and hold the first meeting of the newly elected Directors of respondent no. 3 - Bank for the purpose of election for the post of Chairman/ViceChairman after serving agenda notice upon the original plaintiff i.e. respondent no. 4 herein. To put an end to the litigation, it was suggested that let a fresh agenda notice be issued and to avoid any further allegations and/or counter allegations whether agenda notice have been served upon the respective Directors or not, the agenda notice be given to the learned advocates appearing for the respective Directors i.e. the petitioners herein as well respondents nos. 4 to 7, so that the first meeting of the newly elected Directors of respondent no. 3 - Bank can be convened for the purpose of elections for the post of Chairman/ViceChairman of respondent no. 3 - Bank, which is accepted by the learned advocates appearing for the respective Page 3 of 6 C/SCA/16703/2014 ORDER parties.
4. Shri Dhawan Jayswal, learned AGP appearing on behalf of the Election Officer of respondent no, 3 - Bank has placed on record a fresh agenda notice dated 25.11.2014 to convey that the first meeting of the newly elected Directors of respondent no. 3 - Bank is to be convened on 08.12.2014. The copies of the same have been given to the learned advocates for the respective parties, more particularly, the learned advocate appearing on behalf of respondents nos. 4 to 7 herein, which the learned advocates for the respective parties have accepted the same on behalf of their respective clients newly elected Directors of respondent no. 3 - Bank. Shri Jayswal, learned AGP has stated that the agenda notice shall be published in the local daily newspaper having wide circulation in the area of Sabarkantha, within a period of two days from today.
5. The learned advocates appearing for the respective parties have, therefore, requested to dispose of the present petition by permitting the Election Officer of respondent no. 3 - Bank to convene and hold the first meeting of newly elected Directors of respondent no. 3 Bank on 08.12.2014 as per the agenda notice dated 25.11.2014 for the purpose of elections for the post of Chairman/ViceChairman of respondent no. 3 - Bank. The learned advocates for the respective parties do not invite any further reasoned order. However, Shri Dipen Desai, learned advocate appearing on behalf of respondent no. 4 has requested to reserve liberty in favour of respondent no. 4 to initiate appropriate proceedings after holding election for the post of Vice Chairman of respondent no. 3 - Bank as according to respondent no. 4 in the first Page 4 of 6 C/SCA/16703/2014 ORDER meeting and as per the byelaws only election for the post of Chairman can be held.
6. In view of the above, we do not pass any further order and with the consent of the learned advocates for the respective parties and considering the aforesaid consensus between the learned advocates for the respective parties as recorded hereinabove, we dispose of the present petition by permitting the Election Officer of respondent no. 3 - Bank to convene and hold the first meeting of newly elected Directors of respondent no. 3 - Bank on 08.12.2014 for the purpose of election for the post of Chairman/Vice Chairman of respondent no. 3 - Bank as per the agenda notice dated 25.11.2014 and the Election Officer is directed to hold the first meeting as per the agenda notice dated 25.11.2014. Liberty is also reserved in favour of respondent no. 4 to initiate appropriate independent proceedings after the election for the post of Vice Chairman of respondent no. 3 - Bank in the meeting to be held on 08.12.2014 and as and when such proceedings in future are initiated, the same may be considered in accordance with law and on merits, for which, we have not expressed anything on merits in favour of either of the parties.
7. With this, the present petition is disposed of. Notice is discharged.
(M.R.SHAH, J.) Page 5 of 6 C/SCA/16703/2014 ORDER (R.D.KOTHARI, J.) /phalguni/ Page 6 of 6