Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 10 and 11 - Gujarat Co-operative Societies Act 1963 (the Markets Act) - ss.9 1961 (the Societies Act) - ss.107 108(3)(b) and 110 Agricultural Produce Market Committees: Gujarat Agricultural Produce Markets Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Agricultural Produce Market Committees: c Gujarat Agricultural Produce Markets Act, 1963 (the Markets Act) - ss.9,10 and 11 - Gujarat Co-operative Societies Act, 1961 (the Societies Act) - ss.107,108(3)(b) and 110 - Plea of appellant that members of the Managing Committees of co-operative societies (Officers of the Society) cannot participate in the election process of Agricultural Produce Marketing Committee constituted under the D Markets Act, when liquidation proceedings uls. l 07 of the Societies Act are pending against them - Held: The legislature of Gujarat by s.11 (1) of the Markets Act conferred on officers of a class of Credit Societies (dispensing agriculture credit) to have an additional function of electing melnbers of the market committees - Further, E Legislature expressly provided under the Societies Act for the curtailment of certain rights of the officers of societies facing liquidation proceeding~ - However, at the same time it also declared that such officers cease to be officers of the Society only when a final order of winding up is passed - Therefore, merely because the F officers of Credit Society facing liquidation are disabled from enforcing certain rights attached to the office, it.does not necessarily follow that they are disabled from perforn1_il}g every function entrusted by law - Debarring managing committee members from discharging their statutory obligation under the Markets Act would G be productive of public mischief - Such an interpretation of the statute must be avoided - Agriculture Produce Market Rules,] 965 - r. 7 - Co-operative Societies. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2016 INSC 1031 |
Petitioner | VINESHKUMAR MAVJIBHAI PARMAR |
Respondent | Dethali Gopalak Vividh Karyakari Sahakari Mandali Ltd. And Ors. |
SCR | [2016] 9 S.C.R. 866 |
Judgement Date | 2016-11-16 |
Case Number | 3888 |
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