1. RULE. Learned advocate Mr. M.B. Gandhi for respondent No.1 and learned Assistant Government Pleader Mr. Ronak Raval for respondent Nos.2 to 4 waive service of Rule.
2. By present application, the applicants seek to join as party respondent Nos.4 and 5 in the main petition. It is stated in the application that in the meeting held pursuant to the impugned order made by the District Registrar, the applicants were elected as office bearers of the society and the very order for holding meeting of the society for the purpose of election and other agenda is under challenge.
3. Learned senior advocate Mr. B.B. Naik appearing with Ms. Acharya for the applicants submitted that the applicants are in fact members of the society and got elected in the meeting held pursuant Page 1 of 3 C/CA/4351/2015 ORDER to the impugned order and therefore, they are necessary parties in the proceedings of the main petition. Mr. Naik submitted that even if the applicants are held not to be necessary party, they are proper party as they being the members of the society and elected pursuant to the impugned order, can very well assist the Court to render effective decision on the controversy involved in the petition.
4. Learned advocate Mr. Gandhi on the other hand submitted that what is called in question is the order made by the District Registrar under Section 78 of the Gujarat Co-operative Societies Act, 1961 ('the Act), and of other authorities who could be said to be necessary parties and since they are represented by the office of the Government Pleader, presence of the applicants are not at all necessary for deciding the controversy involved in the petition.
5. Learned Assistant Government Pleader Mr. Raval appearing for the State authorities submitted that since the issue involved is as regards legality or otherwise of the order of the District Registrar and higher authority concerning the members of the society, it is for this Court to consider the application of the members to be joined as party respondents.
6. Having heard learned advocates for the parties and having considered the nature of dispute involved in the main petition and having regard to the fact that the applicants are not only members of the society but stated to have been elected in the meeting held pursuant to the order passed by the District Registrar, the Court finds that the applicants could be said to be interested parties in the proceedings of the main petition.
7. For the reasons stated above, the application is allowed in terms of para 17(B). Rule is made absolute. Necessary amendment in the title clause of the main petition shall be carried out forthwith.
C/CA/4351/2015 ORDER
8. Main matter to come up for hearing on 29th April 2015. Interim relief in the main petition to continue till then.
(C.L.SONI, J.) Omkar Page 3 of 3