PATEL BHOGILAL AMBALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) DRAFT amendment is allowed and petitioners to carry out the same.

(2.) RULE. Shri J.K. Shah, learned AGP waives service of notice of RULE on behalf of respondent nos.1 to 3, Shri Nilesh Pandya, learned advocate waives service of notice of RULE on behalf of respondent No.4 and Shri B.S. Patel, learned advocate waives service of notice of RULE on behalf of respondent nos. 5 and 6. With the consent of the learned advocates for the respective parties, present Special Civil Application is taken up for final hearing today.

(3.) DURING the course of submission, it was apprehended on the part of the petitioners that in view of the impugned order passed by the District Registrar passed under Section 81 of the Act, the erstwhile members of the managing committee may be held ineligible for contesting the election of members of managing committee. However, considering the fact that as on today there is no order passed under Section 81 A of the Gujarat Cooperative Societies Act there is no question of applicability of sub-section 81A (3) of the Act and there is no other provisions pointed out making the erstwhile members of the managing committee ineligible in view of the order passed under Section 81 of the Act. Therefore, apprehension on the part of the petitioners -erstwhile members of the managing committee of the society is not well founded.