LAWS(GJH)-2022-8-793

SODHA PARMAR KANTIBHAI MANIBHAI Vs. STATE OF GUJARAT

Decided On August 26, 2022
Sodha Parmar Kantibhai Manibhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the action of the respondent no.2 - Registrar of Cooperative Societies, Gujarat State to appoint respondent nos. 6,7 and 8 as the Government Representatives in Kheda District Cooperative Milk Producers Union Limited (For short "the Union") while exercising powers under sec. 80(2) of the Gujarat Co-operative Societies Act, 1961 (For short "the Act").

(2.) Brief facts of the case are as under:

(3.) Learned Senior Advocate Mr. S.N. Shelat assisted by learned advocate Mr. C.P. Champaneri for the petitioners submitted that the Union is registered on 14/12/1946 by the Joint Registrar of Cooperative Societies under Certificate No.P.330 of 1946 and since then the Union has never incurred losses from its business activities. It was submitted that the Union is popularly known as "AMUL DAIRY" and as per the byelaws, the Board of Directors consists of 12 Directors who are representatives from Milk Societies and one to be elected from amongst the individual members. The representatives elected from individual members are only eligible for election of Chairman and Vice-Chairman. It was pointed out that Government nominees were never appointed on the Managing Committee of the Union by the State Government. It was submitted that byelaw no. 16 of the byelaws of the Union provides for constitution of Board of Directors for a term of five years from the date of election and reads as under: