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2017 (4) TMI 1391 - SC - Indian LawsRemoval from Office - Chaudhary was elected as its Chairman for a period of three years commencing from 2.5.2011 to 1.5.2014 - Whether the period of disqualification of six years is consistent with law? Held that:- Section 76B(2) as of today provides for disqualification of an officer for a period not exceeding six years. Originally the Section provided for disqualification only for four years. But the "four years" period was substituted by "six years" period by the Gujarat Co-operative Societies (Amendment) Act, 2015 (Act No. 12 of 2015) - All the acts and omissions which formed the basis for action against Chaudhary pertained to the period anterior30 to the Act No. 12 of 2015. Under Section 7 of the Gujarat General Clauses Act, it is provided that where an enactment is repealed by a subsequent enactment, the repeal does not normally affect any investigation or legal proceedings in respect of any right, privilege, obligations, liability, penalty, forfeiture or punishment and any legal proceeding initiated during the currency of the repealed enactment could be continued as if the repealing Act has not been passed. No right or liability can be created by a repealing enactment, which is inconsistent with the rights and obligations conferred under the repealed Act unless the repealing enactment makes an express declaration to that effect or adopts some other technique known to law to achieve that purpose. Giving retrospective effect to the repealing enactment is one of the techniques by which the legislature seeks to achieve that purpose - There is nothing in Act No. 12 of 2015 which warrants an interpretation that the legislature intended to create a disqualification which would run for a maximum period of six years with retrospective effect. The learned Additional Solicitor General Shri Mehta fairly accepted it. In the circumstances, the disqualification of six years upon Chaudhary is not tenable and at best Chaudhary could be disqualified for a maximum period of four years. Appeal dismissed.
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