JASUBHAI SHIVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Issue Rule, returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of notice of rule for and on behalf of the respondent Nos.1,2,3 and Mr. Bharat T. Rao, learned advocate with Mr. Y.J. Brahmbhatt, learned advocate waives services of notice of rule for and on behalf of the respondent No.4.

(2.) The petitioner No.1 herein is elected Director of Respondent No.4 - Sabarkantha District Cooperative Milk Producers' Union Limited. The petitioner No.1 is also the member of the Managing Committee. The respondent No.4 is a specified cooperative society within the meaning of Sec. 74(C) of the Gujarat Cooperative Societies Act, 1961.

(3.) Mr. Dipan Desai, learned advocate appearing for the petitioners, submitted that the respondents be directed to declare the elections of the Chairman and Vice Chairman of the respondent No.4 - society. It is submitted that even if there are any objections that may be raised, the same can be considered once the Election Officer is appointed by the respondent No.2. Placing reliance on Sec. 145(Z) of the Gujarat Cooperative Societies Act, 1961, it is submitted that the respondent No.2 herein is required to call for the meeting or the Collector can nominate an officer on his behalf. It is submitted that it is at this stage, when the Election Officer is appointed, even if there are any objection, the same can be considered by the respondent No.2. It is submitted that the Loksabha Elections are also over and in view thereof, the prayers, as prayed for by the petitioners, in the present petition, be considered.