SCA/25501/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 25501 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA HONOURABLE MR.JUSTICE Z.K.SAIYED ====================================== 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 ? ====================================== VITTALKURPA SEVA SAHAKARI MANDALI LTD - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ============================================= Appearance : MR DILIP B RANA for Petitioner(s) : 1. MR NEERAJ SONI, AGP. for Respondent(s) : 1. NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR NILESH A PANDYA for Respondent(s) : 3. ====================================== CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA and HONOURABLE MR.JUSTICE Z.K.SAIYED SCA/25501/2007 2/5 JUDGMENT Date : 22/01/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) 1 In light of the statement made by learned Assistant Government Pleader, under instructions of Mr. Abidkhan ChhatteKhan Pathan, Legal Superintendent, who is present in the Court on behalf of the Registrar, Cooperative Societies, State of Gujarat, the petition is taken up for final hearing and disposal today. 2 Rule. Learned Advocates appearing for respective respondents are directed to waive service. 3 The petitioner, a registered Cooperative Society is a Member of the Baroda Central Cooperative Bank Ltd., Vadodara. The principal grievance voiced in the petition is that on 03.04.2002 an Administrator came to be appointed by the respondent authority in exercise of powers u/s.81 of the Gujarat Cooperative Societies Act, 1961(the Act) after removing the then managing committee. That thereafter the Administrator has continued to hold charge of the bank without any elections being held. That as per provisions of Section 81(1)(c) of the Act, the term of Administrator can be SCA/25501/2007 3/5 JUDGMENT extended from time to time as specified, but not exceeding a period of four years in the aggregate. However, in the facts of the present case despite period of four years being over the respondent authorities have continued with the Administrator and elections are not being held. 4 It is in the aforesaid circumstances, that the following prayer has been made in the petition : “6. The applicant, therefore, prays that : (A) The Honourable Court be pleased to issue a writ of mandamus or writ in nature of mandamus or any other appropriate writ, direction or order directing the State Government to revoke the order of appointing the Administrator and to hold regular election of the managing committee of the Baroda Central Co-op. Bank Ltd. as per the provisions of the Act.” 5 Initially the learned Assistant Government Pleader submitted on basis of the affidavit-in-reply dated 29.11.2007 to the effect that as the bank has incurred heavy losses the continuation of the Administrator is necessary and the Court SCA/25501/2007 4/5 JUDGMENT should not entertain the petition. However, when the Court called upon the learned Assistant Government Pleader to point out the relevant provisions of the Act which permit the Administrator to function beyond the statutory period of four years, the learned Assistant Government Pleader was not in a position to point out any such provision. 6 The learned Assistant Government Pleader was granted time to obtain instructions. Today the learned Assistant Government Pleader has placed on record X'erox copy of public advertisement published on 20.01.2008 in daily newspaper 'Sandesh' whereunder the Administrator has notified that the elections have to take place and accordingly vide advertisement dated 19.01.2008, the process of election has been set in motion by calling upon the member societies to forward nominations after passing appropriate resolution in accordance with law. 7 In the aforesaid fact situation, once the election process has commenced nothing further is required to be done and no directions are necessary. The grievance ventilated by the petitioner stands redressed as the election process has been set in motion. With the aforesaid observations the petition SCA/25501/2007 5/5 JUDGMENT stands disposed of accordingly. Rule made absolute. There shall be no order as to costs. (D.A. Mehta, J.) (Z.K. Saiyed, J.) M.M.BHATT