PATEL BHOGILAL RAMANLAL Vs. STATE OF GUJARAT 

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India for seeking the following reliefs :

(2.) The main plank of the argument of learned advocate Mr. Savan Pandya appearing for the petitioners is that though the term has expired on 02.11.2017, the election has not been declared by the authority. Upon such situation, this Court on 01.11.2017 had issued notice made it returnable on 07.11.2017 and, thereafter, time was sought by learned AGP Mr. Niraj Ashar as the officers were busy with the State Elections.

(3.) Today, when the matter is called out, learned AGP Mr. Niraj Ashar has stated before the Court that the respondent - officers are present before the Court and Mr. S.B. Chauhan, District Registrar, Co operative Society, Himmatnagar has broadly instructed that there is no objection with the State authority to hold the election as undisputedly the term has already over. However, learned AGP Mr. Niraj Ashar has stated that the proposal with respect to holding of election of the Manging Committee has not been received though for Chairman and Vice Chairman such proposal was received by the officers. Be that as it may, learned AGP Mr. Niraj Ashar has stated that if proper proposal is forwarded by respondent no. 4 - Society then the same will be processed further by the authority. Accordingly, with the concurrence of the learned advocates appearing for the respective parties to the proceedings, the following order is sought from the Court, which the Court deems it proper to grant in such peculiar set of circumstance.