Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cooperative Societies Bye-laws Delimitation of constituency/constituencies Gujarat Specified Co-operative Societies Election to Committee Rules 1982 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Gujarat Specified Co-operative Societies Election to Committee Rules 1982- r.3-A (8) and (9) - Delimitation of constituency/constituencies - For election of Managing Committee/Board of the Co-operative Societies specified u/s. 74 C (1) of Co-operative Societies Act - Permissibility- Held: Where the area of operation is more than one village, even if the bye-laws of the Societies provide for single constituency, for each seat provided by the bye-laws a separate constituency is required to be delimited under sub- rule (8) - If the Society fails to do so, the Collector in exercise of its power under sub-rule (9) would delimit the constituency - It is duty of the Society to bring its registered bye-Jaws in conformity with the provisions of the Rules - The bye-laws would not prevail over the statutory rules - In the present case, delimitation of the appellant society was justified as sub-rules (8) and (9) are applicable in the facts of the case- Gujarat Cooperative Societies Act, 1961 - s. 74 C (1 ).Cooperative Societies - Bye-laws of Co-operative Societies - Held: The bye-laws of Co-operative Societies in order to achieve the constitutional object enshrined under Art. 243ZK must be brought at par with the laws and statutory provisions of the Societies Act - Constitution of India, 1950 -Art. 243ZK. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 794 |
Petitioner | Rajkot Distt Cooperative Bank Ltd. |
Respondent | State Of Gujarat & Ors. |
SCR | [2014] 14 S.C.R. 833 |
Judgement Date | 2014-11-19 |
Case Number | 10392 |
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