HINABEN JITUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though served, none appears for the petitioner Nos. 3 to 5 and petitioner Nos.1 and 2 are not traceable at the given address.

(2.) The matter pertains to election of a cooperative society. By interim order of this Court dated 31.1.2008 certain directions were issued. The said order, reads as under :-

(3.) Prima facie it appears that there are serious disputes about the memberships of the Society and as per the petitioners, the amount has been paid fully, the plots are allotted, but the membership rights are yet to be confirmed. In a housing Cooperative Society or Cooperative Society for the joint agriculture (Samudayik), though there may be rights as the members, but at the same time the rights of the allottee of the land cannot be totally ignored, unless some detailed inquiry is made in this regard and the election can wait thereafter. Further, as the appointment of custodian has been set aside and the powers are given of the Committee to the Body, against which there are serious allegations of manipulations of the records, etc., it may leave room to further damage to the administration of the Society and, therefore, I find that until the election is ordered by this Court after the inquiry, as may be ordered hereinafter and the report is placed before this Court, the situation must remain under control to protect the rights of both the sides.