SABARKANTHA JILLA SAHKARI DUDH UTPADAK SANGH LIMITED Vs. VASANA (KHED) DUDH UTPADAK SAHKARI MANDALI LIMITED

JUDGEMENT

(1.) The above noted four appeals are directed against the interim order dtd. 20/2/2024 passed by the learned Single Judge in entertaining a challenge to the note put up by the Returning Officer in the Election Programme published on 9/2/2024 which suggests that the order dtd. 9/2/2024 passed by the Registrar, Co-operative Societies would be binding, whereby one of the amendment proposed in the bye-laws has been approved.

(2.) The appellants before us are the District Co-operative Union, namely Sabarkantha Jilla Sahakari Dudh Utpadan Singh Limited impleaded through the Senior Manager (HR, Marketing) and few members of the said Union.

(3.) Learned Single Judge has noted that the election of the specified Co-operative Societies are governed by the provisions of the Gujarat Specified Co-operative Societies Elections to Committee Rules, 1982 ("the Rules'1982) and commences from the stage of delimitation of the constituencies, publication of the provisional list of voters and further followed by Rule 5, Rule 6 and Rule 7 of the Rules' 1982 till the preparation of the final list of voters. It was noted that there is no dispute about the fact that the final list of voters was published on 9/2/2024 before passing of the order by the Registrar, Co-operative Societies amending the bye-laws. It was prima facie opined that such amended byelaws cannot be applied retrospectively and prospective effect can be given or else it may result in taking away or alter the duly vested rights of a member in a society.