JIMIKUMAR MAHENDRABHIA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, claiming to be the Member of the respondent No.4 - Sonipur Somnath Seva Sahakari Mandli Ltd. (hereinafter referred to as "the said Society"), has preferred the present petition, seeking direction against the respondents to make the appointment of the custodian in the respondent No.4 Society.

(2.) As per the case of the petitioner, the tenure of the Managing Committee of the respondent No.4 Society was over on 31.3.2018, and therefore, the custodian was required to be appointed under Section 74D of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the said Act"). The District Registrar, Nadiad had also written a letter dated 7.5.2018 to the Chairman of the respondent No.4 Society to submit the details as to when the last election of the Managing Committee was held and when the tenure of the said Committee was to be over. Another letter was also written by the District Registrar on 19.7.2018 seeking the said details, however, no election of the new Committee had taken place. In the meantime, the election of the APMC, Kapadwanj was to be conducted on 17.9.2018 and the names of the then Managing Committee of the respondent Society were shown in the voters' list. The petitioner, therefore, had raised objections against the inclusion of the said names in the preliminary voters' list, before the Authorized Officer, who was appointed for conducting the election of APMC, Kapadwanj, however, the said objections of the petitioner were not taken into consideration and the preliminary voters' list was finalized. The order passed by the Authorized Officer was challenged by one Manoharbhai Lallubhai Patel by filing Special Civil Application No.13082 of 2018, however, the said petition came to be withdrawn by him as per the order dated 29.8.2018 passed by the Court. The petitioner thereafter has filed the present petition, seeking appointment of the custodian in the respondent No.4 Society.

(3.) The petition has been resisted by the respondent No.4 by filing affidavit-in-reply contending inter alia that the petition was filed at the instance of the said Manoharbhai Lallubhai Patel, who had withdrawn the earlier petition, challenging the election of the APMC, Kapadwanj. It has been further contended that the petition was not maintainable as the dispute was covered under Section 96 of the said Act. The Managing Committee of the respondent No.4 was elected in the Annual General Meeting held on 17.5.2015 for a period of five years and considering the said tenure, the term of the Managing Committee had not expired, however, without raising more controversy, the respondent No.4 Society had informed the respondent No.3 District Registrar vide the letter dated 12th September, 2018 that the respondent No.4 Society had passed the Resolution in the meeting held on 5.9.2018 for holding the election. Under the circumstances, the question of appointment of the custodian under Section 74D of the said Act did not arise. The respondent No.3 has also filed affidavit-in- reply contending inter alia that the constitution of the Managing committee for a period of five years on 17.5.2015 was not challenged, and therefore, the same would come to an end on 16.5.2020.