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TMI Blog2015 (5) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r (Appeals), Cooperative Societies, State of Gujarat by order dated 31.05.2014 dismissed the said appeal and confirmed the interim order of winding up passed by the District Registrar. That feeling aggrieved and dissatisfied with the order passed by the first Appellate Authority in dismissing the Appeal confirming the order passed by 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, Cooperative Societies, Patan to pass appropriate order afresh within a period of 30 days. It appears that thereafter on remand the District Registrar, Cooperative Societies, Patan passed a fresh order dated 17.12.2014 quashing and setting aside the original interim order dated 28.09.2012 of winding up of the Society and directed to continue the registration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 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, 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.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 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 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 being already set aside by the higher Forum (Revisional Authority) and the said order of sett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 15.09.2014, the respondent No.5 herein straightway preferred petition being Special Civil Application No.301/2015 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 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 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 Societies, Patan dated 15.09.2014 and directing the Additional Registrar (Appeals), Coope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 / 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 10.01.2013 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 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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, 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.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 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 22.05.2014. That the petitioner Society replied to the same and submitted that the Society is not defunct and the so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mes 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 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 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, 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 lis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer 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.305/2015 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 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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.304/2015 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 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 the Authorized Officer was to prepare th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Vividh Karyakari Sahakari Mandali Limited has been registered under 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 appeal before the first Appellate Authority - Additional Registrar (Appeals). That the first Appellate Authority - Additional Registrar (Appeals), Cooperative Societies, State of Gujarat by order dated 28.09.2012 dismissed the said appeal and confirmed the interim order of winding up passed by the District Registrar, Cooperative Societies, Patan. That feeling aggrieved and dissatisfied with the order passed by the first Appellate Authority in dismissing the Appeal confirming the order passed by the District Registrar, the Society preferred revision application before the Revisional Authority - State Government and by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ency 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 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 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 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 Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 this Court in aforesaid Special Civil Application No.190/2015 and other allied matters would be that the final order passed by he District Registrar, Cooperative Societies, Patan under Section 107(3) of the Cooperative Societies Act have been set aside. Meaning thereby at the most it can be said that the interim order of winding up / liquidation under Section 107(1) of the Cooperative Societies Act would be revived. It is submitted that as such the interim order of winding up / liquidation passed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the final order of winding up / liquidation under Section 107(3) of the Cooperative Societies Act, there is no automatic cancelation of the registration of the Society. It is submitted that therefore even after the interim order of winding up / liquidation and till the final order of winding up / liquidation 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 in the voters list of Agriculturist Constituency. It is submitted that therefore the impugned decision of the Authorized Officer excluding the names of the members of the Managing Committee of the petitioner Societies is / are absolutely illegal which deserve to be quashed and set aside. [5.5] Shri Desai, learned advocate appearing on behalf of the respective petitioner Societies has veheme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emanded 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 is requested not to grant the relief/s as prayed in the present petitions and not to direct the Authorized Officer to include the names of the members of the Managing Committee of the petitioner Cooperative Societies in the final list of voters of Agriculturist Constituencies. [6.1] It is submitted that the respective petitioners herein belong to one particular political group who have initiated systematic well planned strategy for inflation of voters list in the upcoming election of the APMC, Siddhpur. 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 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erative Societies Act, where an interim order is made, the Officers of the Society shall handover to the Liquidator the 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 of this Court in the case of Mansangbhai Dalsang Chaudhary (Supra) by the learned advocates appearing for the petitioner Societies is concerned, it is submitted by Shri Nanavaty, learned Counsel appearing for the original objector - respondent No.5 that in the facts and circumstances of the present case the said decision shall not be applicable. It is submitted that in the case before the learned Single Judge it was found that just before few days of declaring the election, the notices under Section 107 of the Cooperative Societies Act came to be issued and the orders were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the voters list of Agriculturist Constituency of the Market Committee? [8.1] In the present case, at the outset it is required to be noted that in some of the cases, the interim order of liquidation / winding up passed by the District Registrar came to be set aside by the Revisional Authority and the Revisional Authority - Deputy Secretary, Cooperative Societies, State of Gujarat set aside the interim order of liquidation/winding up passed by the District Registrar and remanded the matter to the District Registrar to pass a fresh 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 thereafter on remand the District Registrar passed an order to vacate the interim order of winding up / liquidation and directed to continue the registration of the so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and consequently has not included their names in the final list of voters, which is the subject matter of present group of petitions. Therefore, the effect of the interim order of winding up/liquidation passed by the District Registrar in exercise of powers under Section 107 of the Cooperative Societies Act vis vis the status of the members of the Managing Committee of such societies of which the interim order of winding up/liquidation has been passed is required to be considered. [8.2] Section 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer 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 (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 observing that as only interim orders directing the societies to be wound up under Section 107 of the Cooperative Societies Act has been passed and no final orders confirming the interim orders have been passed, the societies are not wound up and therefore, they are entitled to continue as voters till order under Section 108(3) [it should be section 107(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stated above, all these Special Civil Applications succeed. Impugned order/s passed by the Authorized Officer deleting the names of the members of the Managing Committee petitioner Societies from the voters list of Agriculturist Constituency of APMC, Siddhpur is/are hereby quashed and set aside and the Authorized Officer is hereby directed to include their names in the final list of voters of Agriculturist Constituency and consequently permit them to take part in ensuing election of the Agriculturist Constituency of APMC, Siddhpur, which is scheduled on 23.04.2015. Rule is made absolute accordingly in each of the petitions. However, in the facts and circumstances of the case, there shall be no order as to costs. FURTHER ORDER At this stage Shri Satyam Chhaya, learned advocate appearing on behalf of the respondent No.5 - Objector has requested to stay the present judgment and order for a period of 3 weeks so as to enable the respondent No.5 to challenge the present order before the Hon ble Supreme Court. However, considering the fact that the date of election is scheduled on 23.04.2015 and in between nothing further is going to happen except submitting the nominations for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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