Mahadevbhai Merajbhai Desai vs State Of Gujarat

The petitioner, by way of the present petition under Article 226 of the Constitution of India, has invoked the extraordinary jurisdiction of this Court, seeking the following prayers:-

"19.(A) Your Lordships may be pleased to issue appropriate writ, order or direction, quashing and setting aside the registration of respondent Nos.7 to 11 Societies made by the respondent No.3 vide order dated 18.12.2018 as being without authority of law, arbitrary, illegal, null and void and consequently be pleased to declare that inclusion of names of respondent Nos.7 to 11 Societies in the preliminary voters' list of election of respondent No.12 - APMC, Unjha is ab initio null, void and illegal.

(B) Your Lordships may be pleased to issue appropriate writ, order or direction, quashing and setting aside impugned orders dated 28.1.2019 passed by respondent No.2 in Revision Application Nos.3 to 7 of 2019 and further be pleased to direct the respondent authorities to delete the names of respondent Nos.7 to 11 Societies from the preliminary voters list of election of respondent No.12 APMC, Unjha, in the interest of justice.

(C) Your Lordships may be pleased to stay the implementation, operation and execution of impugned orders dated 28.1.2019 passed by respondent No.2 in Revision Application Nos.3 to 7 of 2019, pending the admission, hearing and final disposal of this petition.

(D) Your Lordships may be pleased to restrain the respondent Nos.7 to 11 Societies from functioning as a member of respondent No.12 APMC, Unjha and from participating in the election process of respondent No.12 - APMC, Unjha, pending the admission, hearing and final disposal of this petition."

As per the case of the petitioner, the petitioner is a member representing Vishol Para Vistar Seva Sahkari Mandali (though wrongly mentioned in the memo of petition as the member of Jena Agricultural Cooperative Society) from agricultural constituency in the preliminary voters' list published in respect of the elections to respondent No.12 Agricultural Produce Market Committee, Unjha (hereinafter referred to as "APMC"). The petitioner is also a member of APMC and is desirous of contesting the election declared to be held as per the programme dated 7.1.2019 by the Director, Agricultural Market and Rural Finance. According to the petitioner, the State Government had issued a Notification on 31.8.1981 delegating its powers to register the cooperative societies to the concerned District Panchayat under Section 9 of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the said Act"). Subsequently, the State Government in exercise of the powers conferred under Section 156 of Gujarat Panchayats Act, 1961, modified the said Notification of 1981 by issuing the Notification on 27.11.2018, whereby the powers of the District Panchayats were withdrawn as stated therein. Hence, the respondent District Panchayat had lost its powers to register the cooperative societies, however, the respondent No.3 District Panchayat passed the order dated 17.12.2018 granting registration to the respondent Nos.7 to 11 Societies and pursuant thereto the respondent No.3 issued Registration Certificates on 18.12.2018 in favour of the said Societies. Hence, the present petition.

At the outset, it may be noted that as per Section 153 of the said Act, an appeal against the order or the decision under Sections 4 and 9 of the said Act lies before the forum as mentioned therein. The present petitioner without exhausting the said alternative, efficacious statutory remedy, has directly rushed to this Court by way of the present petition, which could not be entertained. It may further be noted that the Vishol Para Vistar Seva Sahkari Mandali of which the petitioner is a member has already challenged the registration of the respondent Societies by filing Appeal before the respondent No.2, and therefore, the present petition filed by the petitioner claiming to be the representative of the said Society is sheer misuse of process of law, and therefore, deserves to be dismissed on that ground alone.

Though it is sought to be submitted by the learned Sr. Advocate Mr.Navin Pahwa for the petitioner that the said registration issued by the District Panchayat was without jurisdiction, and therefore, was null and void, and therefore, the same could be challenged before this Court in view of the decision of the Supreme Court in case of Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Others, reported in (1998) 8 SCC 1, the Court does not find any substance in the same.

Today, the Court has already dismissed the petitions being Special Civil Application Nos. 2526 of 2019, 2527 of 2019 and 2528 of 2019 involving similar issues, by passing detailed order. Hence, this petition does not deserve any further consideration. The petition is dismissed.