SHAILESHBHAI GOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present petition under Articles 14, 19 and 226 of the Constitution of India, the petitioners who are Chairman and vice -Chairman (President and vice -President) of respondent no.4 - the Baroda District Co -operative Milk Producers prayed to issue a writ of Prohibition or any other appropriate writ, direction or order by prohibiting the respondent no.3 - Deputy Collector, Vadodara from conducting elections of Chairman and Vice Chairman of respondent no.4 - Baroda Dairy.

(2.) THE brief facts arise from the record are as under:

(3.) MR . Mihir Joshi, learned Senior Advocate assisted by Mr. Dipen Desai, learned advocate for the petitioners has submitted that the amendment has come in the existence on 12.04.2013 when the petitioners were holding the post of Chairman and vice Chairman ( President and vice -President) of the Union. He would submit that as per amended Gujarat Act No. 17 of 2013 certain amendments have been made in Section 74 of the Gujarat Co -operative Societies Act. By relying upon the Section 6 of the amended Act, by which Section 74(1C) is added, he would submit that now the legislation has amended the provisions with regard to term of members of managing committee which was earlier for three years and now it has made to five years. By putting emphasis on later part of Section 74(1C), he would submit that the term of office bears shall be co -terminus with the term of the managing committee and therefore, the petitioners shall be entitled to continue as Chairman and vice Chairman (President and vice -President) of respondent no.4 Baroda Dairy till the term of the managing committee continuous. He would submit that the society has also amended its bye -laws which has been approved by the District Registrar on 21.10.2013. By relying upon the amended bye -laws and particularly bye -laws no. 34.7 and 40.1, he would submit that action of respondent no. 3 to hold the election for Chairman and vice Chairman ( President and vice -President) is contrary to the same and therefore, writ of prohibition may be issued.