IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3184 of 1999 For Approval and Signature: HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgement? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- VERAVAL PATAN TALUKA COOPERATIVE PURCHASE & SALE Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 3184 of 1999 MR PS CHAMPANERI for Petitioner No. 1-2 GOVERNMENT PLEADER for Respondent No. 1 RULE SERVED for Respondent No. 2 DS AFF.NOT FILED (N) for Respondent No. 3 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 12/04/2004 ORAL JUDGEMENT The petitioners have challenged the action of the respondent No.2, whereby at the instance of respondent No.3, certain societies were inducted as members of the respondent No.2 Federation, as per Annexure.C to the petition. 2. This Court in Special Civil Application No. 2246 of 1999 has directed in a similar case, relegating the petitioner to file suit under Section 96 of the Act. 3. Learned Advocate Mr.Champaneri contended that if the petitioner is relegated to the alternative remedy after a period of five years, then his case will not be considered by the Board of Nominees on the ground of delay. 4. The petitioners, in a bonafide belief, have filed the present proceedings on 16th April 1999. Therefore, if the petitioners approach the Board of Nominees within six weeks from today, their case may be considered on merits without pressing any technical objections of delay. The petition is disposed of accordingly. Rule is discharged. No order as to costs. Direct service is permitted. (K.S.Jhaveri, J.) Sreeram.