PURSOTTAMBHAI GARBADBHAI PATEL Vs. REGISTRAR

JUDGEMENT

(1.) Leave to amend description of ninth respondent from Baroda District Central Cooperative Bank Limited to Bharuch District Central Cooperative Bank Limited. The same shall be carried out immediately.

(2.) Six petitioners of Special Civil Application No.8777 of 2016 are the members of second respondent - Umarva Group Khedutoni (Motakadni) Vikas Karyakari Seva Sahkari Mandli Limited. This petition is directed against the order passed by the first respondent - Registrar, Cooperative Societies' Board of Nominees dated 27th May, 2006 below Exhibit 5 in Lavad Suit No.264 of 2016. A further prayer is made for staying implementation and operation of Resolution dated 27th April, 2016 passed by the Managing Committee of the second respondent. The other principal prayer is for direction against ninth respondent -the Election Officer of Bharuch District Central Cooperative Bank Limited, to include name of petitioner No.3 as a candidate nominated by majority of members of the Managing Committee as per Resolution passed in meeting dated 05th May, 2016. Alternatively, direction is prayed for against the said respondent not to finalise the provisional list of voters for the constituency of the second respondent society. Interim prayer sought for was stay against the implementation and execution of the Resolution passed on 27th April, 2016 by the Managing Committee of the second respondent.

(3.) The impugned order is an interim order below Exhibit 5 passed in Lavadu Suit No.264 of 2016. The said suit is filed by seven plaintiffs including the six petitioners herein. Therein the plaintiffs - petitioners have prayed for declaring as illegal the meeting of the Managing Committee of second respondent society held on 27th April, 2016. It is also prayed to declare Resolution passed in the said meeting to co - opt name of one Arvindbhai Vitthalbhai Patel -the seventh respondent herein as invalid and illegal. It is further prayed that meeting which was held on 05th May, 2016 convened by the group to which the petitioners belong, was a legal and valid meeting, liable to be so declared. A prayer is made for directing respondent No.9 -Election Officer to include name of petitioner No.3 of Special Civil Application No.8851 of 2016 -Sunilbhai Rameshbhai Patel as the candidate nominated by the majority of the members of the Managing Committee of the second respondent society to the election of the Board of Directors of Bharuch District Central Cooperative Bank Limited.