VIPULBHAI MANSINGBHAI CHAUDHRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the present petition filed under Article 226 of the Constitution of India the petitioner has challenged order dated 16.12.2015 at Annexure A passed by the Registrar, Cooperative Societies respondent No.2 disqualifying the petitioner under Section 76(B)(2) of the Gujarat Cooperative Societies Act, 1961 ("the Act" for short) to contest the election or to hold office in Mehsana District Cooperative Milk Producers Union Limited ("the Union" for short) and in any other society for a period of six years.

(2.) Some relevant facts are as under :

(3.) Learned Senior advocate Mr.S.N.Shelat appearing with learned advocate Mr.P.S.Champaneri for the petitioner submitted that the show cause notice and the impugned order for disqualification are under the amended provision of Section 76(B)(2) of the Act which came into force on 10.04.2015. Mr.Shelat submitted that such amended provision would not apply retrospectively and retroactively for the delinquency committed for which the petitioner was removed under Section 76(B)(1) of the Act prior to coming into force of amended provision of section 76(B)(2) of the Act. Mr.Shelat submitted that action for disqualification is stated to be in continuous of earlier action taken, however, provisions of section 76(B)(2) since amended by substitution, no action under the amended provision could be taken in continuous of earlier action of disqualification as disqualification imposed by earlier order survived only till this Court quashed it in earlier round of litigation. Mr. Shelat submitted that since there are no express parameters provided for taking action under section 76(B)(2) of the Act, strict construction of provisions of section 76(B)(2) of the Act is required and if strictly construed only grave acts could be considered for the purpose of disqualification.