Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2015 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 91 - HC - Companies LawCooperative Societies registered under the provisions of the Gujarat Cooperative Societies Act, 1961 - Exclusion of names of the members of the Managing Committee of the petitioner Societies from the Voters’ list of Agriculturist Constituency for the election of Agricultural Produce Market Committee - Only interim order of Liquidation / Winding up passed - Held that:- On conjoint reading of Sections 107, 108 and 20 of the Cooperative Societies Act, after the interim winding up/liquidation order passed under Section 107(1) of the Cooperative Societies Act and before the final order of winding up is passed under Section 107(3) of the Cooperative Societies Act, the Officers shall continue to hold their offices and even the registration of the Society continues. Under the circumstances, when the registration of the Society continues, the members of the Managing Committee of such society dispensing with agricultural credit shall have a right to exercise their powers as officer bearers of the society i.e. to have their names included in the voters’ list of Agriculturist Constituency of the APMC, Siddhpur, considering Rule 5 of the Agricultural Produce Market Committee Rules. As such the aforesaid issue is now not res integra in view of the decision of the learned Single Judge of this Court in the case of Mansangbhai Dalsang Chaudhary. It is required to be noted that in the present case as observed herein above as such specific prayers were made by the respondent No.5 in aforesaid Special Civil Application No.190/2015 and other allied matters for directing the Authorized Officers not to include the names of the members of the Managing Committee of the petitioner Societies, however no such relief has been granted by the Division Bench while deciding and disposing of the aforesaid Special Civil Applications. Be that as it may, for the reasons stated herein above, we are of the view that the Authorized Officer has materially erred in excluding the names of the members of the Managing Committee of the petitioner Societies from the voters’ list of Agriculturist Constituency of the APMC, Siddhpur on the ground that interim orders of winding up/liquidation have been passed, the members of the Managing Committee of such societies have no right to include their names in the voters’ list. - Decided in favour of appellants.
|