LAWS(GJH)-2007-10-230

SHAILESH MANUBHAI PATEL Vs. STATE OF GUJARAT

Decided On October 19, 2007
SHAILESH MANUBHAI PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) In light of the statement made by learned Assistant Government Pleader, under instructions of Mr. Abidkhan ChhatteKhan Pathan, Legal Superintendent, who is present in the Court on behalf of the Registrar, Cooperative Societies, State of Gujarat, the petition is taken up for final hearing and disposal today.

(2.) Rule. Learned Advocates appearing for respective respondents are directed to waive service.

(3.) The petitioner, a registered Cooperative Society is a Member of the Baroda Central Cooperative Bank Ltd., Vadodara. The principal grievance voiced in the petition is that on 03.04.2002 an Administrator came to be appointed by the respondent authority in exercise of powers u/s.81 of the Gujarat Cooperative Societies Act, 1961(the Act) after removing the then managing committee. That thereafter the Administrator has continued to hold charge of the bank without any elections being held. That as per provisions of Section 81(1)(c) of the Act, the term of Administrator can be extended from time to time as specified, but not exceeding a period of four years in the aggregate. However, in the facts of the present case despite period of four years being over the respondent authorities have continued with the Administrator and elections are not being held.