Heard Mr. Patel for the petitioners and Mr. Parikh, learned AGP for the respondents.
Prima facie it appears that as per section 81(1) of the Gujarat Cooperative Societies Act, 1961 ('the Act' for short), in case of the Society having Registrar as one of the member of the Managing Committee, the power can be initiated by the State Government. The contention that post of the nominee of the Registrar to represent in the society in the managing committee was abolished or he did not actually function as one of the member of the managing committee, would not be sufficient to exclude the jurisdiction of the Registrar. In any case, if the State Government wants to examine the question of action under Section 81 of the Act, such is permissible and therefore, no complete bar is operating in exercise of the power under Section 81 of the Act by any authority.
Hence, Rule. Mr.Parikh, learned AGP waives service of Rule. The ad interim relief granted earlier shall continue with the observation that the pendency of this petition shall not operate as a bar to the State Government for initiation of the action under Section 81 of the Act, if permissible in law.
(JAYANT PATEL, J.) *bjoy Top