ANTAKAMPA MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED Vs. SABARKANTHA DISTRICT CO OPERATIVE MILK PRODUCERS

JUDGEMENT

(1.) With the consent of learned counsel for parties matters are taken up for final hearing today. I have heard Mr.B.N.Patel for the petitioner, Mr.Tushar Mehta for respondent No.1, Mr.Joshi, Ld.AGP for respondent Nos 2,3 & 4 and Mr.Baiju Joshi for respondent No.5.

(2.) The short facts of the case appear to be that the petitioner is one of the member cooperative society of Sabarkantha Dist.Coop.Milk Producers' Union Ltd (hereinafter referred to as 'the Sangh/Society'). It is the case of the petitioner that the Byelaw 35(1)(A) of respondent No.1-Sangh provides that 16 members of the Managing Committee shall be elected from 7 constituencies which are identified as Division No.1 for Himmatnagar Taluka, Division No.2 for Prantij taluka, Division No.3 for Bayad taluka, Division No.4 for Modasa taluka, Division No.5 for Malpur-Meghraj taluka, Division No.6 for Idar taluka and Division No.7 for Bhiloda-Khedbrahma-Vijaynagar taluka. The grievance of the petitioner is that three talukas which are newly formed, namely, Vadali, Dhansura and Talod are not given independent representation in the said byelaws. It is also the case of the petitioner that Rule 3A(8) of the Gujarat Specified Cooperative Societies Election to Committee Rules, 1982 (hereinafter referred to as "the Rules") where the society is having the operational area of more than one village the number of constituencies shall be equal to the total number of seats excluding two seats reserved under subsection (1) of section 74B Gujarat Cooperative Societies Act (hereinafter referred to as "the Act"), and therefore, the contention of the petitioner is that as per byelaws for certain constituencies the representations are more than one and therefore under the circumstances such byelaws so far as giving representation or more than one to each constituency are in contravention to Rule 3A(8) of the aforesaid rules. It is also the case of the petitioner that as per byelaw 35 there is provision to have a co-option of three women representatives as the members of the managing committee and the case of the petitioner is that co-option as per section 74C(3) of the Act, the member of the managing committee can be inducted only by way of election and not by co-option and therefore it has been submitted that the byelaw providing for co-option of women representatives is in contravention of subsection (3) of section 74C of the Act and therefore illegal. The Sangh had taken steps for the purpose of preparation of voters' list, and therefore, the petitioner, under these circumstances, has approached this court for various reliefs, interalia, for declaring that the election to the managing committee of respondent No.1 as per byelaw 35(1) is uncostitutional or illegal or void. The petitioners has also prayed for declaring that the co-option of three women members in the managing committee as women representatives or women members is also illegal and void and also has prayed for appropriate writ to restrain the respondents from holding election of the members of the managing committee as per byelaw 35(1) and has also prayed for giving directions to the respondent Nos 1,2 & 3 to take immediate steps /action to amend the provisions of byelaw 35(1) and for making provisions for appropriate electoral divisions/constituencies for the election to the managing committee of the respondent No.1 union after including the area forming part of newly formed talukas of Vadali, Dhansura and Talod of Sabarkantha District and for giving directions to respondents to hold elections after such amendment in the byelaws providing for electoral divisions.

(3.) When the petition came to be admitted by this court (coram: Miss.R.M.Doshit,J) on 28.3.03 it was ordered that the union was directed to call its next annual general meeting as soon as possible but not later than 3rd week of May, 2003 for considering the question of amendment in Byelaws. It was further directed that until the amendment to the impugned byelaw was considered in the ensuing annual general meeting, the voters' list shall not be finalised. After the aforesaid order further extension came to be granted at the instance of the respondent No.1 for holding the annual general meeting in the last week of June, 2003 as per the order, dated 20.5.03 passed by this court (Coram: K.M.Mehta,J) in CA No.3382/03. It is further the case of the respondent No.1-Union that thereafter the matter was considered by the Board of Directors of the respondent No.1 in its meeting, dated 30.5.03 and it was found that if the byelaws are amended to make in conformity with Rule 3A(8) of the Rules the cooperative principles would not be maintained and there will be unequal representation and therefore it was resolved to take appropriate legal action and also to place relevant details before this court. It is the case of the respondent No.1 that thereafter SCA No.6524/03 is preferred by the union through its chairman and in the said petition the respondent-Sangh herein has challenged the constitutionality and validity of Rule 3A(8) of the aforesaid Rules and in the said petition the court has passed the order (Coram: A.R.Dave,J) on 9.5.03 issuing notice and matter was ordered to be placed with this Special Civil Application No.766/03. To day in the said SCA 6524/03 this court has passed order to place the decision on behalf of respondent No.1 herein as to whether petitioner therein is desirous to prosecute the petition or otherwise. It is further the case of the respondent No.1 that the matter was placed before the Annual General Body for the purpose of considering the subject of amendment in the byelaws. However, the annual general body has in its meeting, dated 25.6.03 deferred the matter and has not taken any decision either of amending or of not amending the byelaws.