LAWS(GJH)-2007-10-205

GIRDHARLAL MAVJIBHAI TRIVEDI Vs. SECRETARY

Decided On October 17, 2007
GIRDHARLAL MAVJIBHAI TRIVEDI Appellant
V/S
SECRETARY Respondents

JUDGEMENT

(1.) The petitioner before this Court is a member and former president of one Saraswati Cooperative Housing Society Limited, the respondent no. 4 herein. The petitioner has challenged the Order dated 29th April, 1995 made by the State Government [Deputy Secretary to the Government of Gujarat, Agriculture, Cooperation & Rural Development Department] in Revision Application No. 54 of 1994. The facts leading to the present petition are as under :-

(2.) Mr. Jani has submitted that the order dated 26th July, 1993 made by the District Registrar, Cooperative Societies was ex facie illegal and unsustainable. The order of the State Government confirming the said order is equally bad and illegal. He has submitted that the bye-laws of the Society specifically provide that only those persons can be inducted as the members of the Society who do not own any other piece of land in the town of Patan. He has submitted that the respondents nos. 5 & 6 are the members in one Lakshminagar Cooperative Housing Society. They have been allotted plot of land in the said Lakshminagar Cooperative Housing Society. They are, therefore, not eligible for membership in the Society. He has submitted that at the relevant time, the president and the secretary of the Society happened to be one Umakant Raval and Ashwin Raval. The said Umakant Raval and Ashwin Raval happen to be the brothers of the respondent no.6 Urmilaben Arvindbhai Raval and the brothers-in-law of the respondent no.5-Arvindbhai Bhogilal Raval. The said president and the secretary had misused their authority and had illegally inducted the respondents no. 5 & 6 as the members of the society on payment of negligible fees, contrary to the bye-laws of the Society. He has submitted that the valuable pieces of land have been given over to the respondents nos. 5 & 6. Thus, the induction of the respondents nos. 5 & 6 as the members in the Society was a largess granted by the then President and the Secretary of the Society on account of their personal relationship. He has submitted that the Additional Registrar of Cooperative Societies had by Order dated 27th July, 1994 rightly allowed the revision preferred by the Society. The same did not require to be interfered with by the State Government.

(3.) The petition is contested by Mr. Joshi. He has submitted that the respondents no. 5 & 6 had purchased the aforesaid sub-plots nos. 37 and 38 from the out-going members one Hiraben Panchal and one Mr. Mulchand Kimatrai by registered sale deeds as far back as in the year 1978. Pursuant to the said transfer, the respondents no. 5 & 6 had applied for membership in the Society as early as in the year 1978 and had also paid requisite fees, and for that, due receipts had been issued by the Society. At that time, the said respondents no. 5 & 6 did not own any other piece of land in the town of Patan and were eligible to become members in the Society. In view of the protracted litigation, the said respondents had to buy another piece of land and had to become member in the Lakshinagar Cooperative Housing Society. The membership in the said Lakshminagar Cooperative Housing Society, therefore, should not render the respondents no. 5 & 6 ineligible for membership in the Society.