KUVRABHAI BHARABHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Civil Application is filed as the applicant wants himself to be impleaded as party respondent in the main petition. The applicant is a member of the Uchvan Gopalak Dudh Utpadak Sahakari Mandli Limited. The said cooperative society is the petitioner in the main petition being Special Civil Application No.268 of 2015. Therein the challenge is directed against the order passed by the third respondent-the Special Auditor (Milk), Surat. Thereby the said authority has directed re-auditing of the accounts of the petitioner-cooperative society under sub-section (5) of Section 84 of the Gujarat Cooperative Societies Act, 1961.

(2.) The applicant herein happens to be a person upon whose application the aforesaid impugned order directing re-audit came to be passed. The petitioner had paid fees of Rs.50,000/- and had requested the third respondent to undertake re-audit alleging certain irregularities in the accounts. The third respondent accepted the request of the applicant to exercise powers under Section 84(5) of the Act to do re-audit. Narrating the aforesaid facts and circumstances, learned advocate Mr.B.S. Patel for the applicant pressed to submit that the petitioner is a proper and necessary party entitled to be impleaded in the main petition.

(3.) Learned senior advocate Mr.Dhaval Dave for the respondent cooperative society-original petitioner opposed the prayer. According to his submission the applicant member does not have any cultivable interest to become a party in the main petition. He further submitted that a member of the society speaks only through the collective voice of the society. It was submitted that the applicant is neither proper nor necessary party and cannot be allowed to be joined on askance. Learned senior counsel supported his opposition against making the application party by placing reliance on decision of the Supreme Court in Ravi Yashwant Bhoir Vs District Collector, Raigad [(2012) 4 SCC 407], in particular paragraph 58 thereof.