SCA/6410/1997 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6410 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= RANCHHODBHAI MANILAL BAROT AND OTHERS Versus VITTHALNAGAR CO OP. HOUSING SOCIETY LIMITED AND OTHERS ========================================= Appearance : MR MB GANDHI for the Petitioners MR BS PATEL for Respondent Nos.1 - 8. MR MANISH K SHAH for Respondent No.2 None for Respondent No.9 MRS KP CALLA, ASSISTANT GOVERNMENT PLEADER for Respondent No.10 ========================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 23/06/2008 ORAL JUDGMENT 1. Present petition is filed challenging order dated 28.07.1997 passed by the Deputy Secretary, Agricultural and Cooperation Department, State of Gujarat in a Revision Application. This Revision Application was filed against order dated 16.01.1997 of SCA/6410/1997 2/3 JUDGMENT the Additional Registrar (Appeals), Cooperative Societies, who in turn was pleased to approve the order passed by the District Registrar, Cooperative Societies, Vadodara. 2. The District Registrar, Cooperative Societies, Vadodara had ordered an appointment of an Administrator for a period of one year. It is not in dispute that on expiry of that one year period, during which the Administrator had held the election. Learned advocate Mr.M.B.Gandhi submitted that the Administrator allowed certain persons to participate in the election who were not required to be allowed as they could not have been the member of the society. The administration of the society was handed over to the newly elected body. Learned advocate Mr.B.S.Patel for the respondent do not accept the contents of the submissions of Mr.Gandhi and disputes the same. 3. In substance, present petition is against allowing of the Revision Application, whereby the order of the District Registrar, Cooperative Societies was set aside. The fact that the question of allowing new members from the same family without they being the plot holders in the society is large open in Special Civil Application No.9894 of 2000, hence this petition has become infructuous. 4. The petition is disposed of as having become infructuous. Rule is discharged. No costs. Interim relief, if any, is vacated. SCA/6410/1997 3/3 JUDGMENT 5. At the request of Mr.M.B.Gandhi, it is clarified that order stating that the petition has become infructuous will not prejudice the rights and contentions of the petitioners of Special Civil Application No.9894 of 2000 and the same will be examined on merits in accordance with law. (RAVI R.TRIPATHI, J.) *Shitole