GOVINDBHAI VARJANGBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the three petitions being interconnected with each other, were heard together and hence this common order is being passed.

(2.) The Special Civil Application No. 17697 of 2017 has been preferred by the petitioner - Bank challenging the order dated 31.08.2018 passed by Gujarat Cooperative Tribunal (hereinafter referred to as 'the Tribunal') in Revision Application No. 124 of 2017. The Special Civil Application No. 15732 of 2017 has been preferred by the two petitioners claiming to be elected delegates of Shakha Samiti of the Bank seeking appointment of the custodian in the respondent - Bank in view of Section 74D of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as 'the said Act'). Similarly the Special Civil Application No. 4683 of 2018 has been preferred by the petitioner claiming to be the member of the respondent - Bank also seeking appointment of the custodian in the respondent - Bank.

(3.) For the sake of convenience, the facts stated in Special Civil Application No. 17697 of 2017 are taken into consideration. The petitioner - Bank was a registered institution to provide long term agricultural loan to farmers under the provisions contained in the Bombay State Cooperative Societies, 1925, and was again registered under the said Act, on the said Act having come into force. The petitioner Bank is the Apex society, and therefore a specified society within the meaning of Section 74(C) of the said Act. The Bank has its own Bye-laws approved by the Registrar of Cooperative Societies. The Bank has authorised capital of Rs. 100 crores consisting 10 crores shares of Rs. 10/- each. The Bank decided to increase the authorized capital by increasing the share value from Rs. 10/- to Rs. 100/- by passing the resolution on 26.05.2015 (Annexure 'B'). Thereafter, the Board of Nominees in its meeting dated 31.08.2015 by passing the resolution No. 16 decided to amend the Bye-law No. 19 of the Bye-laws of the Bank, which dealt with the authorized capital (Annexure 'C'). The annual general meeting of the Bank was held on 25.09.2015, in which it was resolved by resolution No. 7 that the Bank had to move an application to the Registrar of Cooperative Societies for the amendment in the Bye-laws of the Bank so as to bring it in consonance with the 97th amendment of the Constitution of India (Annexure 'D'). Accordingly, by the letter dated 04.11.2015, the Registrar was informed by the petitioner - Bank seeking of the amendment in the Bye-laws of the Bank. The Registrar vide the communication dated 20.07.2016 informed the petitioner - Bank that the amendments/modifications suggested in the bye-laws of the Bank were accepted as mentioned in the said communication (Annexure 'F'). The said amendment in the Bye-law No. 19 was also intimated to all the Branch Managers by the Managing Director of the Bank vide the letter dated 03/06.12.2016 with further directions to inform all the shareholders about the said amendment. The Branch Managers were also informed vide the letter dated 25.04.2017 to update the list of members as per the position prevailing on 31.03.2017 (Annexure M).