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Madhusudan vs Mahidharpura

High Court Of Gujarat|28 June, 2012
1. By way of these petitions, the petitioners have challenged the order passed by the Gujarat State Cooperative Tribunal, Ahmedabad, whereby, the Revision Applications preferred by the respondent No.1 were allowed.
2. The petitioners are members of respondent No.1 society. The petitioners filed nomination forms to take part in the election of the Managing Committee of the respondent No.1 Society. Their nomination forms were rejected by the election officer. Therefore, the petitioners have filed Lavad Suit before the Board of Nominees, Surat, challenging the said order as well as the election. The petitioners have also filed application at Exh.5, seeking injunction, which were allowed by the Joint Registrar, Member of Board of Nominees, Surat vide order dated 23.09.2011. The respondent No.1 society filed Revision Applications before the Gujarat State Cooperative Tribunal, challenging the order dated 23.09.2011, passed by the Joint Registrar and member of Board of Nominees, Surat. The Tribunal by its judgment and order dated 10.02.2012, allowed the Revision Applications and set aside the order dated 23.09.2011 and directed that the election proceedings from the stage, where it was stayed. Therefore, the petitioners have filed these petitions.
3. Pursuant to the order passed by the Tribunal, the elections have been held and the results are declared. Therefore, no useful purpose would be served by keeping these petitions pending. The Board of Nominees, Surat, is therefore, directed to hear and decide both the Lavad Suits expeditiously and on day to day basis. Even, the petitioners had filed applications for expeditious disposal of Lavad Suits. It is made clear that the observations made by the Board of Nominees, as well as by the Tribunal, are tentative in nature and the Trial Court, while disposing of the suits, will not be influenced by the observations made by the Tribunal.
4. With the aforesaid observations and directions, both the petitions stand disposed of.
[K S JHAVERI, J] Ankit* Top
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