LAWS(GJH)-2018-10-67

ANAND TALUKA CO Vs. STATE OF GUJARAT

Decided On October 08, 2018
Anand Taluka Co Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following relief in terms of para 8(A).

(2.) The case of the petitioners is that the petitioner No.1 is a specified Cooperative Society registered under the Gujarat Cooperative Societies Act, (for short "the Act") and petitioner No.2 is authorized Vice Chairman of petitioner No.1 Society. The petitioners ventilate grievance qua order dated 18.9.2018 passed by the respondent No.2 appointing custodian in the petitioner No.1 society on the premise that the impugned order at Annexure A to the petition is passed without giving any opportunity of hearing to the petitioner No.1 - society. No notice and/or intimation has been given to the petitioner No.1 society and straightaway, order at Annexure A to the petition is passed, which is in violation of principles of natural justice and therefore, impugned order is improper, illegal and bad in eyes of law in light of decisions rendered in case of Dharampal Satyapal Ltd. v. Deputy Commissioner of Central Excise, Gauhati and others reported in (2015) 8 SCC 519 , in case of Krishna Mohan Medical College and Hospital and another v. Union of India and another reported in (2017) 15 SCC 719 and in case of State of Punjab and others v. Bhatinda District Cooperative Milk Producers Union Ltd. reported in (2017) 11 SCC 363 .

(3.) Per contra, the respondents have filed their affidavit-in-reply inter alia submitting that as per provisions of section 74(C) of the Act, the elected members of the Managing Committee and its office bearers shall cease to hold office on the date of expiry of their term and therefore, they are required to be heard if custodian is to be appointed under section 74(D) of the Act after the date of expiry of their term in view of decision rendered in case of Banaskantha District Cooperative Milk Producers Union Ltd. v. State of Gujarat and others delivered on 3.11.2015 in Special Civil Application No.14948 of 2015 with Special Civil Application No.15660 of 2015 .