High Court of Gujarat

RAKESH CHANDRAKANT SHAHversusADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, GUJARAT STATE

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition was disposed of as infructuous because the custodian's term had ended and a new committee had taken over.

Summary

The petitioner, Purushottam Patel, filed a special civil application challenging alleged irregularities committed by the custodian of a cooperative society. The petitioner argued that the custodian's term had ended, a new elected committee had taken over, and therefore the grievance was no longer live. The court held that since the custodian's term had expired and the election was completed, the petition could not proceed and was disposed of as infructuous. The court further directed the petitioner to raise any remaining concerns before the newly elected committee or the District Registrar, Co-operative Societies, with an opportunity of hearing. Consequently, all connected civil applications were also dismissed. The order was signed by Justice Hemant M. Prachchak on 24 March 2026.

Issues considered

Whether the petition remains maintainable after the custodian's term has ended and a new committee has been elected
Whether the connected civil applications survive the disposal of the main petition

Subjects

co-operative societiescustodianinfructuous petitioncivil application disposalelection of committee

Judgment

    C/SCA/9352/2024                              ORDER DATED: 24/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 9352 of 2024

                               With
       CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2024
          In R/SPECIAL CIVIL APPLICATION NO. 9352 of 2024
                               With
       CIVIL APPLICATION (FOR JOINING PARTY) NO. 3 of 2024
          In R/SPECIAL CIVIL APPLICATION NO. 9352 of 2024
                               With
           R/SPECIAL CIVIL APPLICATION NO. 12973 of 2024
================================================================
            PURUSHOTTAM PATEL S/O JORDAS PATEL
                           Versus
ADDITIONAL REGISTRAR, CO-OPERATIVE SOCIETIES, GUJARAT STATE
                          & ORS.
================================================================
Appearance:
MR PRAKASH JANI, SENIOR ADVOCATE WITH MR SHIVANG P
JANI(8285) for the Petitioner(s) No. 1
BHISHMA A. RAWAL(12270) for the Respondent(s) No. 4
MR. MUKESH N SHAH(6259) for the Respondent(s) No. 4
MR GURUSHARAN H VIRK, GOVERNMENT PLEADER WITH MS
DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1,2,3
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                           Date : 24/03/2026
                                ORDER


ORDER IN SPECIAL CIVIL APPLICATION NO. 9352 OF 2024


      Learned senior counsel Mr. Prakash Jani assisted by Mr. Shivang
P. Jani, learned counsel for the petitioner, has submitted that the
grievance raised in the present petition does not survive any longer
as the term of the custodian get over and election has taken place
and new body has taken over the charge and therefore, present
petition be disposed of. He has further submitted that so far as other
irregularities as pointed out in the present petition are concerned, the
petitioner may be permitted to point out the same before the newly


                                Page 1 of 2
        C/SCA/9352/2024                                                         ORDER DATED: 24/03/2026




elected committee and also before the concerned authority i.e. the
District Registrar, Co-operative Societies about the illegality /
irregularities committed during the period of custodian.


          In view of above, present petition stands disposed of. Notice is
discharged. It is open for the petitioner to make appropriate
representation / application before appropriate authority and the
same shall be decided by the concerned authority in accordance with
law, after a'ording ample opportunity of hearing to the petitioner to
make out his case good before the authority.


          In view of disposal of the main petition, the connected civil
applications do not survive and stand disposed of accordingly.


ORDER IN SPECIAL CIVIL APPLICATION NO. 12973 OF 2024


          Learned counsel Mr. Ashish Shah, appearing on behalf of the
petitioner, has submitted that the grievance raised in the present
petition does not survive any longer and therefore, the present
petitioner has become infructuous.


          In view of above, present petition stands disposed of as having
become infructuous. Notice is discharged.

                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:56:31


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