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DETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LIMITED Versus STATE OF GUJARAT & 4

2015 (5) TMI 91 - GUJARAT HIGH COURT

Cooperative 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 .....

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e 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 .....

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ers 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. - SPECIAL CIVIL APPLICATION NO. 3700, 3414, 3719, 3721 of 2015 - Dated:- 17-3-2015 - MR. M.R. SHAH AND MR. G.B.SHAH, JJ. FOR THE PETITIONER : .....

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3700/2015 and 3721/2015 and Ms. Nisha Thakore, learned AGP waives service of notice of Rule on behalf of respondent Nos.1 to 4 in Special Civil Application Nos.3714/2015 to 3719/2015. [2.0] As common question of law and facts arise in this group of petitions and with the consent of learned advocates appearing on behalf of respective parties, all these petitions are heard finally and decided and disposed of together by this common judgment and order. [3.0] In this group of petitions respective pe .....

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isions of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as Cooperative Societies Act ) on 24.08.2009. That the District Registrar, Cooperative Societies passed the interim order dated 28.09.2012 appointing the Liquidator of the Society in exercise of powers under Section 107(1) of the Cooperative Societies Act. That feeling aggrieved and dissatisfied with the interim order of winding up / appointing the Liquidator of the petitioner Society, the Society preferred appeal bef .....

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erred revision application before the Revisional Authority - State Government and by order dated 08.10.2014, the Revisional Authority - State of Gujarat - Deputy Secretary (Appeals) allowed the said revision application by order dated 08.10.2014 and quashed and set aside the orders passed by the District Registrar of interim order of winding up as well as the order passed by the first Appellate Authority and remanded the matter to the District Registrar, Cooperative Societies, Patan to pass appr .....

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5 herein straightway preferred petition being Special Civil Application No.303/2015 before this Court under Article 226 of the Constitution of India and by judgment and order dated 12.02.2015, the Division Bench of this Court partly allowed the aforesaid Special Civil Application, however quashed and set aside the order passed by the District Registrar, Cooperative Societies, Patan dated 17.12.2014 and directed the Additional Registrar (Appeals), State of Gujarat, Gandhinagar to look into the fa .....

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and setting aside the order passed by the District Registrar, Cooperative Societies, Patan dated 17.12.2014 and directing the Additional Registrar (Appeals), Cooperative Societies, State of Gujarat to look into the facts of the case, the respondent No.5 raised the objection before the Authorized Officer on 21.02.2015 against the inclusion of the names of the members of the Managing Committee of the petitioner Society in the preliminary voters list of Agriculturist Constituency contending inter .....

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uch there was no direction by the High Court to delete the names of the members of the Managing Committee of the petitioner Society from the voters list and as such even the liquidation order being already set aside by the higher Forum (Revisional Authority) and the said order of setting aside the order of liquidation having not been challenged or set aside, the registration of the petitioner Society would be continued and therefore, the names of the members of the Managing Committee of the peti .....

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g Committee of the petitioner Society from the voters list of Agriculturist Constituency of APMC, Siddhpur. Special Civil Application No.3714/2015 [4.1] That the petitioner Kaliyana Juth Gopalak Vividh Karyakari Sahakari Mandali Limited came to be registered under the provisions of the Cooperative Societies Act on 17.07.1998. That the District Registrar, Cooperative Societies passed an interim order of winding up / liquidation of the petitioner Society in exercise of powers under Section 107(1) .....

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aid appeal and quashed and set aside the final order of liquidation dated 23.10.2013 and remanded the matter to the District Registrar for fresh consideration. It is the case on behalf of the petitioner Society that thereafter the petitioner Society undertook activities of dispensing agricultural credit. That on remand the District Registrar, Cooperative Societies, Patan passed a fresh order on 15.09.2014 canceling the earlier order of winding up / liquidation dated 23.10.2013 and directed to co .....

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wever quashed and set aside the order passed by the District Registrar, Cooperative Societies, Patan dated 15.09.2014 and directed the Additional Registrar (Appeals), State of Gujarat, Gandhinagar to look into the facts of the case and pass appropriate order on the question of validity of the order of the liquidation. At this stage it is required to be noted that in the meantime the election of the APMC, Siddhpur came to be declared and the Authorized Officer was appointed and the Authorized Off .....

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he Authorized Officer on 21.02.2015 against the inclusion of the names of the members of the Managing Committee of the petitioner Society in the preliminary voters list of Agriculturist Constituency contending inter alia that in view of the order passed by the Division Bench of this Court dated 12.02.2015 in aforesaid Special Civil Application, the names of the members of the Managing Committee of the petitioner Society are required to be excluded from the voters list. That the petitioner Societ .....

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ting aside the order of liquidation having not been challenged or set aside, the registration of the petitioner Society would be continued and therefore, the names of the members of the Managing Committee of the petitioner Society cannot be excluded from the voters list. That by impugned order dated 26.02.2015, the Authorized Officer has excluded the names of the members of the Managing Committee of the petitioner Society from the provisional list of voters of Agriculturist Constituency. Hence, .....

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erative Societies Act on 24.08.2009. That the District Registrar, Cooperative Societies passed an interim order of winding up / liquidation of the petitioner Society in exercise of powers under Section 107(1) of the Cooperative Societies Act on 23.08.2012. That thereafter the District Registrar passed a final order of winding up / liquidation by order dated 10.01.2013 under Section 107(3) of the Cooperative Societies Act. That feeling aggrieved and dissatisfied with the final order of winding up .....

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ltural credit. That on remand the District Registrar, Cooperative Societies, Patan passed a fresh order on 15.09.2014 canceling the earlier order of winding up / liquidation dated 10.01.2013 and directed to continue the registration of the petitioner Society. It appears that feeling aggrieved and dissatisfied with the order passed by the District Registrar, Cooperative Societies, Patan dated 15.09.2014, the respondent No.5 herein straightway preferred petition being Special Civil Application No. .....

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he order of the liquidation. At this stage it is required to be noted that in the meantime the election of the APMC, Siddhpur came to be declared and the Authorized Officer was appointed and the Authorized Officer was to prepare the preliminary list of voters of Agriculturist Constituency. However, after the order dated 12.02.2015 passed by the Division Bench in the aforesaid Special Civil Application No.301/2015 quashing and setting aside the order passed by the District Registrar, Cooperative .....

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ated 12.02.2015 in aforesaid Special Civil Application, the names of the members of the Managing Committee of the petitioner Society are required to be excluded from the voters list. That the petitioner Society appeared before the Authorized Officer and requested to continue the names of the members of the Managing Committee of the petitioner Society in the voters list of Agriculturist Constituency by submitting that as such there was no direction by the High Court to delete the names of the mem .....

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der dated 26.02.2015, the Authorized Officer has excluded the names of the members of the Managing Committee of the petitioner Society from the provisional list of voters of Agriculturist Constituency. Hence, the petitioner Society has preferred the present Special Civil Application challenging the impugned action/decision of the Authorized Officer - respondent No.4 herein excluding the names of the members of the Managing Committee of the petitioner Society from the voters list of Agriculturist .....

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trar passed a final order of winding up / liquidation by order dated 10.01.2013 under Section 107(3) of the Cooperative Societies Act. That feeling aggrieved and dissatisfied with the final order of winding up / liquidation passed by the District Registrar, Cooperative Societies, Patan, the petitioner Society preferred appeal before the Additional Registrar (Appeals), who by its order dated 31.05.2014 allowed the said appeal and quashed and set aside the final order of liquidation dated 10.01.20 .....

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ed and dissatisfied with the order passed by the District Registrar, Cooperative Societies, Patan dated 15.09.2014, the respondent No.5 herein straightway preferred petition being Special Civil Application No.194/2015 before this Court under Article 226 of the Constitution of India and by judgment and order dated 12.02.2015, the Division Bench of this Court partly allowed the aforesaid Special Civil Application, however quashed and set aside the order passed by the District Registrar, Cooperativ .....

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However, after the order dated 12.02.2015 passed by the Division Bench in the aforesaid Special Civil Application No.194/2015 quashing and setting aside the order passed by the District Registrar, Cooperative Societies, Patan dated 15.09.2014 and directing the Additional Registrar (Appeals), Cooperative Societies, State of Gujarat to look into the facts of the case, the respondent No.5 raised the objection before the Authorized Officer on 21.02.2015 against the inclusion of the names of the memb .....

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e members of the Managing Committee of the petitioner Society in the voters list of Agriculturist Constituency by submitting that as such there was no direction by the High Court to delete the names of the members of the Managing Committee of the petitioner Society from the voters list and as such even the liquidation order being already set aside by the higher Forum (Revisional Authority) and the said order of setting aside the order of liquidation having not been challenged or set aside, the r .....

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ging the impugned action/decision of the Authorized Officer - respondent No.4 herein excluding the names of the members of the Managing Committee of the petitioner Society from the voters list of Agriculturist Constituency of APMC, Siddhpur. Special Civil Application No.3717/2015 [4.4] That the petitioner Sedrana Seva Sahakari Sahakari Mandali Limited came to be registered under the provisions of the Cooperative Societies Act on 24.10.2002. That the District Registrar, Cooperative Societies pass .....

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Patan, by order dated 16.10.2014, vacated the interim order of winding up and directed to continue the registration of the petitioner Society. It appears that feeling aggrieved and dissatisfied with the order passed by the District Registrar, Cooperative Societies, Patan dated 16.10.2014, the respondent No.5 herein straightway preferred petition being Special Civil Application No.306/2015 before this Court under Article 226 of the Constitution of India and by judgment and order dated 12.02.2015, .....

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Siddhpur came to be declared and the Authorized Officer was appointed and the Authorized Officer was to prepare the preliminary list of voters of Agriculturist Constituency. However, after the order dated 12.02.2015 passed by the Division Bench in the aforesaid Special Civil Application No.306/2015 quashing and setting aside the order passed by the District Registrar, Cooperative Societies, Patan dated 16.10.2014 and directing the Additional Registrar (Appeals), Cooperative Societies, State of G .....

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itioner Society are required to be excluded from the voters list. That the petitioner Society appeared before the Authorized Officer and requested to continue the names of the members of the Managing Committee of the petitioner Society in the voters list of Agriculturist Constituency by submitting that as such there was no direction by the High Court to delete the names of the members of the Managing Committee of the petitioner Society from the voters list and as such even the liquidation order .....

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etitioner Society from the provisional list of voters of Agriculturist Constituency. Hence, the petitioner Society has preferred the present Special Civil Application challenging the impugned action/decision of the Authorized Officer - respondent No.4 herein excluding the names of the members of the Managing Committee of the petitioner Society from the voters list of Agriculturist Constituency of APMC, Siddhpur. Special Civil Application No.3718/2015 [4.5] That the petitioner Sahesa Seva Sahakar .....

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) of the Cooperative Societies Act. That feeling aggrieved and dissatisfied with the final order of liquidation/winding up, the petitioner Society preferred Special Civil Application No.3293/2013 before this Court and by detailed judgment and order dated 17.09.2013, the learned Single Judge of this Court partly allowed the aforesaid Special Civil Application and quashed and set aside the final order of liquidation and remanded the matter to the District Registrar, Cooperative Societies, Patan fo .....

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pondent No.5 herein straightway preferred petition being Special Civil Application No.305/2015 before this Court under Article 226 of the Constitution of India and by judgment and order dated 12.02.2015, the Division Bench of this Court partly allowed the aforesaid Special Civil Application, however quashed and set aside the order passed by the District Registrar, Cooperative Societies, Patan dated 15.09.2014 and directed the Additional Registrar (Appeals), State of Gujarat, Gandhinagar to look .....

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15 quashing and setting aside the order passed by the District Registrar, Cooperative Societies, Patan dated 15.09.2014 and directing the Additional Registrar (Appeals), Cooperative Societies, State of Gujarat to look into the facts of the case, the respondent No.5 raised the objection before the Authorized Officer on 21.02.2015 against the inclusion of the names of the members of the Managing Committee of the petitioner Society in the preliminary voters list of Agriculturist Constituency conten .....

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g that as such there was no direction by the High Court to delete the names of the members of the Managing Committee of the petitioner Society from the voters list and as such even the liquidation order being already set aside by the higher Forum (Revisional Authority) and the said order of setting aside the order of liquidation having not been challenged or set aside, the registration of the petitioner Society would be continued and therefore, the names of the members of the Managing Committee .....

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the Managing Committee of the petitioner Society from the voters list of Agriculturist Constituency of APMC, Siddhpur. Special Civil Application No.3719/2015 [4.6] That the petitioner Sahesa Gopalak Vividh Karyakari Sahakari Mandali Limited came to be registered under the provisions of the Cooperative Societies Act on 30.09.2005. That the District Registrar, Cooperative Societies passed an interim order of winding up / liquidation of the petitioner Society in exercise of powers under Section 107 .....

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d Single Judge of this Court partly allowed the aforesaid Special Civil Application and quashed and set aside the final order of liquidation and remanded the matter to the District Registrar, Cooperative Societies, Patan for deciding the matter afresh from the stage after the interim order was made by the District Registrar. That thereafter on remand the District Registrar, Cooperative Societies, Patan passed an order dated 16.10.2014 quashing and setting the earlier interim order of winding up .....

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il Application, however quashed and set aside the order passed by the District Registrar, Cooperative Societies, Patan dated 16.10.2014 and directed the Additional Registrar (Appeals), State of Gujarat, Gandhinagar to look into the facts of the case and pass appropriate order on the question of validity of the order of the liquidation. At this stage it is required to be noted that in the meantime the election of the APMC, Siddhpur came to be declared and the Authorized Officer was appointed and .....

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objection before the Authorized Officer on 21.02.2015 against the inclusion of the names of the members of the Managing Committee of the petitioner Society in the preliminary voters list of Agriculturist Constituency contending inter alia that in view of the order passed by the Division Bench of this Court dated 12.02.2015 in aforesaid Special Civil Application, the names of the members of the Managing Committee of the petitioner Society are required to be excluded from the voters list. That the .....

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said order of setting aside the order of liquidation having not been challenged or set aside, the registration of the petitioner Society would be continued and therefore, the names of the members of the Managing Committee of the petitioner Society cannot be excluded from the voters list. That by impugned order dated 26.02.2015, the Authorized Officer has excluded the names of the members of the Managing Committee of the petitioner Society from the provisional list of voters of Agriculturist Con .....

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er the provisions of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as Cooperative Societies Act ) on 24.08.2009. That the District Registrar, Cooperative Societies passed the interim order dated 01.08.2012 appointing the Liquidator of the Society in exercise of powers under Section 107(1) of the Cooperative Societies Act. That feeling aggrieved and dissatisfied with the interim order of winding up / appointing the Liquidator of the petitioner Society, the Society preferred .....

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the District Registrar, the Society preferred revision application before the Revisional Authority - State Government and by order dated 08.10.2014, the Revisional Authority - State of Gujarat - Deputy Secretary (Appeals) allowed the said revision application by order dated 08.10.2014 and quashed and set aside the orders passed by the District Registrar of interim order of winding up as well as the order passed by the first Appellate Authority and remanded the matter to the District Registrar, .....

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atan dated 17.12.2014, the respondent No.5 herein straightway preferred petition being Special Civil Application No.302/2015 before this Court under Article 226 of the Constitution of India and by judgment and order dated 12.02.2015, the Division Bench of this Court partly allowed the aforesaid Special Civil Application, however quashed and set aside the order passed by the District Registrar, Cooperative Societies, Patan dated 17.12.2014 and directed the Additional Registrar (Appeals), State of .....

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al Civil Application No.302/2015 quashing and setting aside the order passed by the District Registrar, Cooperative Societies, Patan dated 17.12.2014 and directing the Additional Registrar (Appeals), Cooperative Societies, State of Gujarat to look into the facts of the case, the respondent No.5 raised the objection before the Authorized Officer on 21.02.2015 against the inclusion of the names of the members of the Managing Committee of the petitioner Society in the preliminary voters list of Agr .....

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rist Constituency by submitting that as such there was no direction by the High Court to delete the names of the members of the Managing Committee of the petitioner Society from the voters list and as such even the liquidation order being already set aside by the higher Forum (Revisional Authority) and the said order of setting aside the order of liquidation having not been challenged or set aside, the registration of the petitioner Society would be continued and therefore, the names of the memb .....

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g the names of the members of the Managing Committee of the petitioner Society from the voters list of Agriculturist Constituency of APMC, Siddhpur. [5.0] Shri Dipen Desai and Shri V.C. Vaghela, learned advocates have appeared on behalf of the respective petitioner Cooperative Societies and Shri N.D. Nanavaty, learned Senior Advocate has appeared with Shri Satyam Chhaya, learned advocate appearing on behalf of respondent No.5 in respective petitions - objectors and Shri Dhawan Jayswal, learned A .....

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MC, Siddhpur is/are absolutely illegal and most arbitrary and contrary to the provisions of the Cooperative Societies Act and the Rules. [5.2] It is further submitted by learned advocates appearing for respective petitioner Cooperative Societies that while accepting the objections raised by respondent No.5 and excluding the names of the members of the Managing Committee of the petitioner Cooperative Societies, the Authorized Officer has not properly appreciated the common judgment and order pass .....

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ding up / liquidation has been passed by any Authority. It is submitted that therefore when the registration of the petitioner Societies has been continued and consequently the Managing Committee of the respective petitioners has been continued, the members of the Managing Committee of the petitioner societies have a right to include their names in the voters list of Agriculturist Constituency. It is submitted that the resultant effect of the judgment and order passed by the Division Bench of th .....

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by the District Registrar, Cooperative Societies, Patan were set aside by the appellate Forum and in fact in two cases, even by this Court and therefore, as such even the interim order of liquidation/winding up would not be in existence. It is submitted that assuming that the interim order of winding up / liquidation would be revived, in that case also, as the registration of the society has not been cancelled and/or the same has been continued, the names of the members of the Managing Committee .....

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ion was passed under Section 107(1) of the Cooperative Societies Act appointing the Liquidator and no final order was passed under Section 107(3) of the Cooperative Societies Act and despite the above, the names of the members of the Managing Committee of such Societies in a case where no final order of liquidation/winding up under Section 107(3) of the Cooperative Societies Act were passed. [5.4] Shri Desai, learned advocate appearing on behalf of the respective petitioner Societies has heavily .....

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erim order of liquidation / winding up has been passed and final order is made confirming the interim order of winding up / liquidation, the office bearers of the Society shall continue to occupy their offices and only when a final order is passed confirming the interim order of winding up / liquidation, the office bearers of the Society shall vacate their offices. It is further submitted that section 20 of the Cooperative Societies Act provides for cancelation of the registration. It is submitt .....

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uidation is passed under subsection (3) of Section 107 of the Cooperative Societies Act and even thereafter an order is passed by the Registrar canceling the registration of the Society, the registration of the Society continues and the office bearers of the Society continue to hold their offices. It is submitted that considering Rule 5 of the Agricultural Produce Market Committee Rules, being members of the Cooperative Society dispensing with agricultural credit, they have right to be included .....

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Special Civil Application No.190/2015 and other allied matters, directing the Authorized Officer not to include the names of the members of the Managing Committee of the petitioner Societies and despite the above the Division Bench while disposing off the aforesaid Special Civil Applications, did not grant such relief and made the Rule absolute to the extent quashing and setting aside the order passed by the District Registrar, Cooperative Societies, Patan of revival of the respective petitioner .....

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ist, as they prayed for the said relief in aforesaid Special Civil Applications, however the learned Division Bench did not grant the said relief. [5.6] Making above submissions and relying upon the aforesaid decision of the learned Single Judge of this Court, it is requested to allow the present Special Civil Applications and quash and set aside the impugned decision/s of the Authorized Officer excluding the names of the members of the Managing Committee of the petitioner Societies from the vot .....

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d on behalf of behalf of respondent No.5 opposing the present petitions. It is vehemently submitted by Shri Nanavaty, learned Counsel appearing on behalf of the original objector that in the facts and circumstances of the case and the purpose for which the learned Division Bench has remanded the matter to the Additional Registrar (Appeals), Cooperative Societies by quashing and setting aside the order passed by the District Registrar, Cooperative Societies, Patan of revival of the Societies, it .....

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iddhpur. It is submitted that totality of the facts would suggest that connivance of the petitioner Societies with the State authorities are apparent. It is submitted that after considering the totality of the facts and overall aspect of the matter, the Division Bench was pleased to pass order in Special Civil Application Nos.190/2015 and other allied matters on 12.02.2015, whereby order of revival passed in favour of respective petitioner Societies have been quashed and set aside. It is submitt .....

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the order dated 12.02.2015 passed in Special Civil Application Nos.190/2015 and other allied matters. It is submitted that thus if the petitions are considered and if the names of the members of the Managing Committee of the petitioner Societies are included in the voters list of Agriculturist Constituency, it would amount to frustrating the order passed by the Division Bench of this Court dated 12.02.2015 passed in Special Civil Application Nos.190/2015 and other allied matters more particular .....

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tted that during the winding up proceedings and/or liquidation proceedings and even till the final order of winding up is passed by the District Registrar in exercise of powers under Section 107(3) of the Cooperative Societies Act, the Liquidator of the Society alone and only would be in administration and management of the Society. It is submitted that therefore when the Managing Committee of the Society would not be in administration and management of the Society, the members of the Managing C .....

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e custody and control of all the properties, effects and actionable claims to which the Society is or appears to be entitled and of all books, records and other documents pertaining to the business of the Society, and shall have no access to any of them. It is submitted that even noncompliance of handing over the books of accounts etc. shall be an offence under Section 147(j) of the Cooperative Societies Act. [6.2] Now, so far as the reliance placed upon the decision of the learned Single Judge .....

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tion 107 of the Cooperative Societies Act came to be issued and the orders were passed without waiting for any reply, the learned Single Judge found the interim order of liquidation / winding up ex facie illegal and arbitrary exercise of powers, learned Single Judge directed to continue the names of the members of the Managing Committee of the said Societies in the voters list. It is submitted that that is not the case in the present petitions. It is further submitted by Shri Nanavaty, learned C .....

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Authorized Officer deleting the names of the members of the Managing Committee of the petitioner Societies from the voters list of Agriculturist Constituency by submitting that in view of the decision of the Division Bench of this Court rendered in Special Civil Application Nos.190/2015 and other allied matters, when it was found that the order/s passed by the District Registrar, Cooperative Societies, Patan of revival of the respective petitioner Societies have been set aside and therefore, th .....

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this Court in present group of petitions is whether in a case where an interim order of winding up / liquidation is passed by the District Registrar in exercise of powers under Section 107 of the Cooperative Societies Act and no final order of winding up/liquidation has been passed under subsection (3) of section 107 of the Cooperative Societies Act, whether the members of the Managing Committee of such societies shall have the right to get their names included in the voters list of Agriculturis .....

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resh order in accordance with law and on merits. That on remand the District Registrar, Cooperative Societies passed an order to vacate the interim order of winding up/liquidation and directed to continue the registration of such societies. In some of the cases, the final order of winding up came to be set aside by the learned Single Judge of this Court and the learned Single Judge remanded the matters to the District Registrar to pass a fresh order in accordance with law and on merits and there .....

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cooperative societies. That the respective orders passed by the District Registrar, Cooperative Societies, Patan passed on remand, vacating the interim order of winding up / liquidation have been set aside by the Division Bench of this Court vide judgment and order dated 12.02.2015 passed in Special Civil Application No.190/2015 and other allied matters and the Division Bench has directed the Additional Registrar (Appeals), Cooperative Societies, State of Gujarat to look into the matter. It is r .....

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the Managing Committee of the petitioner societies in the voters list of Agriculturist Constituency of APMC, Siddhpur, however no such relief has been granted by the Division Bench and as such the Division Bench has made the Rule absolute to the extent of quashing and setting aside the orders passed by the District Registrar, Cooperative Societies, Patan vacating the interim order/s of winding up/liquidation and directing the Additional Registrar (Appeals), Cooperative Societies to look into the .....

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l Civil Application No.190/2015 and other allied matters and on the objection raised by the respondent No.5 herein raised against inclusion of the names of the members of the Managing Committee of the petitioner societies in the voters list of Agriculturist Constituencies, by impugned order/s, the Authorized Officer has excluded the names of the members of the Managing Committee of the petitioner Societies from the provisional list of voters of the Agriculturist Constituency of APMC, Siddhpur an .....

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tion 107 of the Cooperative Societies Act provides that if the Registrar is of the opinion that on the eventuality occurring as provided in section 107(1)(a) to (c), that a society ought to be wound up, he may make an interim order directing it to be wound up. Subsection (3) of section 107 provides that Registrar, after giving an opportunity to the society of being heard, shall make a final order vacating or confirming the interim order. Section107(2) of the Cooperative Societies Act provides th .....

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e when the interim order was made and section 108(3)(b) provides that when a final order is made confirming the interim order, the office bearers shall vacate their offices and while winding up order remains in force, the general body of the society, shall not exercise any powers. Meaning thereby till the final order is made by the District Registrar confirming the interim order of winding up / liquidation, the Officers of the Society shall continue to occupy their offices. The office bearers / .....

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stration of the Society continues. Therefore, 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 So .....

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gbhai Dalsang Chaudhary (Supra). In the case before the learned Single Judge only interim order/s of winding up / liquidation was passed and no final order of winding up under Section 107(3) of the Cooperative Societies Act [in the order section 107(3) is wrongly mentioned as section 108(3)] and the names of the members of the Managing Committee of such societies were excluded from the voters list of Agriculturist Constituency and the same came to be set aside by the learned Single Judge by obse .....

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e view which we are taking and the submissions on behalf of the respondent No.5 and the view taken by the Authorized Officer that once the interim order of winding up / liquidation of the society is passed, even though final order under Section 107(3) of the Cooperative Societies Act confirming the interim order of winding up / liquidation is passed, the members of the Managing Committee of such Societies shall not have any right to be included in the voters list of the Agriculturist Constituenc .....

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perative Societies Act. It is required to be noted that as such the view taken by the learned Single Judge in the case of Mansangbhai Dalsang Chaudhary (Supra) is in operation since 1994 and which has been consistently followed. [8.3] 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 t .....

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