PRAVINBHAI MOHANBHAI RAIYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN all the three petitions as the issue involved is common the petitions are taken up for final hearing and disposal together. In light of the view that the Court is inclined to adopt, the petitions are taken up for final hearing and disposal today. Rule. Learned Assistant Government Pleader appearing for the respondent Authorities is directed to waive service.

(2.) THE petitions challenge order dated 17. 9. 2009 made by respondent No. 2 Authority in exercise of powers under section 81 of The Gujarat Co-operative Societies Act, 1961 (the Act), in relation to the Members of the Managing Committee of Shree Rajkot Jilla Cooperative Cotton Marketing Union Ltd. Vide the impugned order, after issuance of Show Cause Notice and considering the reply and the submissions of the petitioners, it has been held that the Managing Committee is removed and an Administrator appointed for a period of one year. Though various contentions on merits have been raised by the petitioners challenging the action of the respondent Authority in light of the view that the Court is inclined to take, it is not necessary to set out the said contentions and deal with the same.

(3.) ONE of the alternative contentions relates to absence of powers with respondent No. 2 to act under section 81 of the Act in light of the fact that the District Registrar is a Member of the Managing Committee which is sought to be removed by the impugned order. The submission is that the opening portion of section 81 (1) of the Act vests powers in two different entities depending on the facts obtaining in a particular case, and such powers are in the alternative and not inter changeable. That in a case where the Managing Committee is constituted by various Members including Registrar or his Nominee it is only the State Government who would be entitled to exercise powers under section 81 of the Act and the powers of the Registrar in such a fact situation are excluded.