A significant legal battle unfolded in the case of Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd. The Gujarat High Court rendered a crucial judgment, addressing the concerns raised by the parties involved. Stay informed about the latest developments in this case as the court’s decision sets a precedent in the legal landscape.
Facts
- Petitioners are members of Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd.
- Petitioners are milk producer Cooperative Societies registered under the Act, 1961.
- Petitioners collect milk from members and transport it to Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd.
- Petitioners allege that an amendment to bye-law No.17.1.1(3) dated 16.8.2019 was made to favor the present Board of Directors of Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd.
- One seat was elected uncontested from a category due to alleged interference by Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd.
- Surendranagar Jilla Sahakari Dudh Utpadak Sangh Ltd. is accused of not permitting the registration of new societies of S.C./S.T. milk producers.
Arguments
- The respondent has the power to challenge the amendment under Section 153 of the Act.
- The respondent delegated power to a Senior Officer, making the petition premature.
- The State has not issued a notification regarding the proposal, rendering the prayers premature.
- The respondent forwarded a proposal for election, conducted in accordance with the Act.
- De-limitation was carried out by the Managing Director of the Union.
- Senior Officer has been delegated the power to file replies and defend the union.
- Prayers seeking mandatory relief for SC/ST reservation is to be rejected as premature.
- The petitioners need to challenge the amended bye-laws under Section 153 of the Act.
- Proposal for election by respondent No.5 renders the current petition premature.
- The amendment in bye-laws is in accordance with Section 74(1)(b) of the Act.
- The petitioner argues that the amendment to bye-law No.17.1.1(3) to facilitate uncontested election of the respondent No.5’s Board of Directors from the S.C./S.T. community is unjust.
- They claim that S.C./S.T. seat reservation should be rotated alphabetically taluka-wise as per Section 74(1) (b) of the Act.
- Petitioner requests direction for reservation by alphabetical rotation in Vadhwan taluka for the upcoming Board of Directors election of respondent No.5 for term 2024-29.
- The respondents No.3 and 4 are urged to modify their notification accordingly.
- The petitioner questions the fundamental rights abridgment due to amendment of bye-laws by the respondent No.5.
- It is argued that since the petitioner is not a member of the S.C./S.T. community, they lack locus standi to file the petition.
- The petitioner participated in the meeting and approved the amendment they’re now contesting.
Analysis
- The bye-law was amended to ensure representation of the S.C./S.T. community in conformity with the Act.
- The annual general meeting was convened on 18.6.2019 as required by the Act.
- The bye-law now provides for rotation of seats in the constituency with a qualified person to contest the election.
- A representation was made by 10 primary milk producers cooperative societies for Taluka-wise rotation of reserved S.C./S.T. seats.
- The amendment of the bye-law was approved by the State Registrar on 29.6.2019.
- Petitioners are not qualified to contest the election and are not aggrieved by the rotation of the reserved seat from Limdi to Vadhwan constituency.
- The expressions ‘marginal farmer’ and ‘small farmer’ have specific meanings as per the Gujarat Rural Debtors Relief Act, 1976.
- One seat to be reserved for Scheduled Castes or Scheduled Tribes and two seats for Women in the managing committee as per Section 74(1)(b)(i) of the Act.
- The petitioners had the option to challenge the amendment through an appeal or revision under the Cooperative Societies Act.
- The petitioner No.1 was present in the annual general meeting and did not object to the resolution passed.
- Petitioner No.2 did not oppose the amendment in the bye-laws.
- The power for holding elections lies with the Deputy Collector of respondent No.5.
- Only two societies in the entire area are registered with the Scheduled Caste Community, with petitioner No.1 appearing at Serial No. 286.
- The petitioner is also the Vice Chairman of respondent No.5.
- The preliminary objection raised by Mr. Rao, representing the petitioners, regarding the reply filed by the respondent being admissible was overruled.
- Affidavit-in-reply filed by respondent No.5 on 12.6.2024, affirmed by Senior Officer under Section 2(14) of the Act, was accepted.
- Additional reply filed by respondent No.5 on 15.5.2024, affirmed by Managing Director, was also taken on record.
- Reference was made to Section 74(1)(b) of the Act, specifying reserved seats for SC/ST and Women in managing committee of societies.
- A proposal for holding elections made by respondent No.5 is currently pending before respondent No.3.
- Sections 153 and 155 of the Act were cited, outlining the appeal process against specific orders and the power of State Government and Registrar to examine and modify decisions or proceedings of subordinate officers.
Decision
- The present petition is considered premature as no notification has been issued.
- The petition requests reservation of one seat for S.C./S.T. by alphabetical rotation in Wadhwan Taluka for the term 2024-29.
- No interference is required under Article 226 of the Constitution, and the petition is disposed of.
- Replies from both parties are recorded.
- An ad-interim relief is requested to restrain the respondents from publishing the notification without the specified reservation.
- Respondents are directed to issue the notification according to the amended bye-laws and law.
- Petitioners can take further legal steps if aggrieved by the notification once issued.
Case Title: SHREE CHOTILA MILK PRODUCERS COOPERATIVE SOCIETY LTD. Vs. STATE OF GUJARAT
Case Number: R/SCA/8462/2024
