SCA/3816/1989 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3816 of 1989 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= DEDHIYAL DUDH UTPADAK SAHAKARIMANDALI LTD - Petitioner(s) Versus DIST. REGISTRAR & 1 - Respondent(s) ========================================================= Appearance : MR JS PARMAR for Petitioner(s) : 1,None for Petitioner(s) : None for Petitioner No(s).: for Petitioner(s) : 2 - 10. MR SHUKLA, AGP for Respondent(s) : 1, DELETED for Respondent(s) : 2, RULE NOT RECD BACK for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 15/02/2008 ORAL JUDGMENT 1. The petitioners have preferred the petition for SCA/3816/1989 2/4 JUDGMENT various reliefs, but the principal relief is under Section 81 of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as “the Act” for short). 2. It appears that the principal challenge is against the show-cause notice Annexure A1, which has been issued in purported exercise of power under Section 81 of the Act for supersession of the managing committee and as on the alleged grounds mentioned in the show-cause notice, the action is initiated, the bye-laws are also challenged. 3. It appears that when the matter came to be considered for the first time on 18.6.1989, notice was issued and the ad-interim relief was granted in terms of para 9 and as a result thereof, the operation and implementation of the order Annexure “C” was stayed and Mr.K.N.Nayak was restrained from taking charge. 4. It appears that a period of about 17 years has passed pending the petition and, in any case, the terms of the managing committee, which was to be superseded must have expired long back, SCA/3816/1989 3/4 JUDGMENT because in preliminary level cooperative societies in every year election is to be held of the managing committee. However, if the new committees are constituted after the election and the power is to be exercised, it will be a fresh cause against the very elected body. Therefore, the ground on which the actions were initiated in the year 1989 now cannot be made as a basis for exercise of power under Section 81 of the Act. 5. Therefore, in above view of the matter, the notice and the action for supersession under Section 81 of the Act, which is the subject matter of the petition, would no more survive. However, it is clarified that the present order shall not operate as a bar to the authority to exercise the power, if the conditions of Section 81 of the Act are satisfied against the present body of the Society. 6. The petition is disposed of accordingly. Rule partly made absolute to the aforesaid extent. No order as to costs. SCA/3816/1989 4/4 JUDGMENT 15.2.2008 (Jayant Patel, J.) vinod