SCA/2780220/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 27802 of 2007 With SPECIAL CIVIL APPLICATION No. 11344 of 2008 With CIVIL APPLICATION No. 10291 of 2008 In SPECIAL CIVIL APPLICATION No. 27802 of 2007 And CIVIL APPLICATION No. 10870 of 2008 In SPECIAL CIVIL APPLICATION No. 27802 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE SHARAD D.DAVE ========================================================= 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 ? ========================================================= MEHSANA DISTRICT CENTRAL CO-OPERATIVE BANK LTD. & 1 - Petitioner(s) Versus REGISTRAR CO-OPERATIVE SOCIETIES & 2 - Respondent(s) ========================================================= Appearance : MR BS PATEL for Petitioner(s) : 1 - 2. GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. RULE SERVED BY DS for Respondent(s) : 3, CIVIL APPLICATION NO.10291 of 2008 MR PK JANI for the Applicant. ========================================================= SCA/2780220/2007 2/4 JUDGMENT CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE SHARAD D.DAVE Date : 16/09/2008 COMMON ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Both these petitions relate to the election of the Board of Directors of the petitioner – Mehsana District Central Cooperative Bank Limited (hereinafter referred to as, “the Bank”), a specified society within the meaning of Section 145B(c) read with Section 74C of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as, “the Act”). It is not in dispute that the election was due to be held in the year 2007. That is not yet held. A provisional list of voters as on 31st March, 2007 was published on 13th February, 2008. Objections, if any, were required to be filed by 20th February, 2008. The objections were considered on 25th February, 2008 and a final list of voters was published on 26th February, 2008. Some of the members have challenged the SCA/2780220/2007 3/4 JUDGMENT aforesaid final list of voters before the Board of Nominees in Lavad Suit No.368/2008 filed on 6th September, 2008. By ad-interim order dated 6th September, 2008 the further process has been stayed. Reliance is placed on Rule 4(1) of the Gujarat Specified Cooperative Societies Election to Committee Rules, 1982 and the judgment of the Hon'ble Supreme Court in the matter of Ramchandra Ganpat Shinde and another v/s. State of Maharashtra and others [(1993)4 SCC 216] followed by this Court (Coram: M.R.Calla, J.) in the matter of Mehsana District Cooperative Purchase and Sales Union Limited v/s. State of Gujarat (Special Civil Application No.4772/1999, decided on 6th July, 1999). In view of the relevant statutory provisions and the aforesaid judgments of the Hon'ble Supreme Court and of this Court, we direct that the concerned authority will, within one week from today, declare the election programme of the Board of Directors of the Mehsana District Central Cooperative Bank Limited. For the purpose of the said election, the SCA/2780220/2007 4/4 JUDGMENT final list of the voters published on 26th February, 2008 will be operated. The election shall be held scrupulously in accordance with law and in accordance with the election programme declared by the concerned authority. Subject to the above directions, both these petitions and the Civil Applications are disposed of. Rule issued in Special Civil Application No.27802/2007 and Civil Application No.10291/2008 is discharged. Ad-interim stay granted in Lavad Suit No.368/2008 stands vacated. It is clarified that till the elections are held as directed hereinabove, the present Board of Directors will continue to function for the purpose of routine management but will not take any policy decision or will not undertake any major function. Registry will maintain copy of this order in each petition. Registry will send the writ forthwith. (Sharad D.Dave, J.) (Ms.R.M.Doshit, J.) /moin