LAWS(GJH)-2019-3-98

UNJHA MAL PRODUCING AND MARKETING COOPERATIVE SOCIETY LTD THRU SECRETARY Vs. STATE OF GUJARAT THRU MANAGER

Decided On March 26, 2019
Unjha Mal Producing And Marketing Cooperative Society Ltd Thru Secretary Appellant
V/S
State Of Gujarat Thru Manager Respondents

JUDGEMENT

(1.) The petitioners in all the three petitions having challenged the similar orders passed by the respondent - Authorized Officer deleting the names of the members of their respective managing committees from the voters' list of cooperative marketing societies' constituency for the election of APMC, Unjha, they were heard together with the consent of learned advocates for the parties and hence, this common judgment is being passed.

(2.) For the sake of convenience, the facts stated in Special Civil Application No. 3818 of 2019 filed by the Unjha Mal Producing and Marketing Cooperative Society Ltd. are taken for consideration.

(3.) As per the case of the petitioner, the petitioner - society is a Cooperative society registered under the Gujarat Cooperative Societies Act, and is situated in the market area of Unjha. The petitioner society is also holding valid general license issued by Unjha, APMC. The petitioner is engaged in the business in conformity with its respective objects as per its constitution and has got its last accounts audited in class-A as required under Clause - (iii) of Section 11(1) of the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as 'the said Act'). The Unjha, APMC has been constituted under Section 11 of the said Act. Since the term of the market committee of APMC, Unjha was to come to an end, the Director of APMC had declared the election by issuing notification dated 16.01.2019. Accordingly, the provisional voters' list was published on 12.02.2019 in which the names of the members of the managing committee of the petitioner society were included as eligible voters. However, the respondent No. 4 had raised certain objections against the said inclusion of the names before the respondent - Authorized Officer, and therefore, the petitioner society was called upon to file reply, which was filed by the petitioner. However, the respondent No. 2 - Authorized Officer passed the order on 15.02.2019 deleting the names of the members of the managing committee of the petitioner society on the ground that the petitioner society had not engaged itself in the business in conformity with its objects. Being aggrieved by the said order, the petition has been filed. The respondent No. 2 had also passed similar orders in respect of the other two societies, who are the petitioners in the Special Civil Application No. 3820 of 2019 and 3822 of 2019.