• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • COURT DECLARED GUJARAT COOPERATIVE SOCIETIES (AMENDMENT)ACT AS UNCONSTITUTIONAL

Latest News

Back

COURT DECLARED GUJARAT COOPERATIVE SOCIETIES (AMENDMENT)ACT AS UNCONSTITUTIONAL

Courtesy/By: Aman Jaisawal  |  21 Sep 2021     Views:496

The Gujarat High Court on Friday ruled that the Gujarat Cooperative Societies (Amendment) Act, 2019, which effectively took away the State's responsibilities when it came to conducting elections of cooperative sugar factories is unconstitutional, discriminatory, absurd, manifestly arbitrary and not in the public interest (Pravinsinh Indrasinh Mahida v. State of Gujarat).

By the said amendment, sugar factories had been deleted from the list of specified cooperative societies in Section 74C (1)(v) the Gujarat Cooperative Societies Act, 1961 (1961 Act). With such deletion, the State was no longer required to hold the elections in accordance with the provisions of the Gujarat Specified Cooperative Societies Elections to Committee Rules, 1982.

As such, the elections were to be conducted by the cooperative sugar factories itself and no independent government officer would be required to conduct the elections.

A large number of writ applications were moved before the High Court, registering protest over such exclusion of sugar factories from the list of cooperative societies in the 1961 Act. The writ applicants raised concern that, after the amendment, elections may be held as per the whims and caprice of the concerned cooperative societies.

The amendment was defended by the State and the Gujarat State Federation of Cooperative Sugar Factories Limited.

The State submitted that the aim was to reduce its expenses and administrative burdens. There were 13 sugar cooperative societies as on date in Gujarat which were taken out of a list of 343 specified cooperative societies. The State also added that over the years, the government's stake (in terms of share capital) has been reduced to nil. Therefore, the element of public interest is no longer present in sugar cooperative factories, it was asserted. Sugar cooperative factories were also sought to be set out as unique, in the sense that they were not federal cooperative societies.

A Gujarat High Court Bench of Chief Justice Vikram Nath and Justice JB Pardiwala, however, was not convinced.

At the outset, the Bench rejected the stance that Article 14 of the Constitution (right to equality) is irrelevant when it came to the present case since it was not a case of classification but rather one of de-classification.

The Court went on to hold that the challenged amendment was discriminatory given that (i) it did not disclose an object that was reasonable or in public interest and (ii) the differentiation sought to be made had no connection or nexus with the object sought to be achieved.

"The object and reason for the impugned legislation, as is evident from the stance of the respondents, is to save money and administrative exigency. It goes without saying that none of the two objects could be said to be in public interest or are reasonable. We are at one with all the learned counsel appearing for the writ applicants that the object of the legislation is not only petty, but the same is not in public interest nor reasonable," the Court said.

Addressing the contention that sugar cooperative societies can be treated differently since they are not federal, the Court further observed:

"The voters are now being told by the State that they would be left with what the society decides. Why because yours is not a federal society. Even at the relevant point of time, the Sugar societies were not federal. So, how would that be relevant for the purpose of exclusion? In other words, if the Sugar societies were included despite the fact of not being federal, then how is it relevant for the purpose of exclusion?"

The Court also went on to conclude that the amendment in question was manifestly arbitrary. The Court summarised its conclusions as follows ,First,the amendment is discriminatory as it fails to disclose the object which could be termed as reasonable or in public interest. The amendment is also manifestly arbitrary.Secondly, the differentiation pointed out by the State has no nexus with the object sought to be achieved. The classification in the present case between the federal and primary societies on the ground of administrative exigency and saving money could be termed as absurd, unreasonable and not in public interest. In view of the same, the classification itself has become irrelevant,Third,the Court may not look into the motive of the legislature, but, definitely, the object of the legislation can be looked into. Fourth,all the specified societies form one class / one homogeneous group for the purpose of its members to ensure free and fair elections under Chapter XI-A of the Act and the Rules, 1982.

Therefore, the writ applications were allowed.


Document:


Courtesy/By: Aman Jaisawal  |  21 Sep 2021     Views:496

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6050
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5472
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5455
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5247
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5272
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:4917
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5293
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5284
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5402
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5589
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5296
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5266
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5217
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5340
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5293
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5622
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5447
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6289
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5412
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5758
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5655
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:5845
World Health Assembly Revises International Health...
21 Jul 2024     Views:5698
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5811
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5597
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:8986
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7530
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7570
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7363
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8328
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7667
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6206
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:6988
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6245
Exploring the Differences between the US and India...
29 Jun 2023     Views:6252
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6499
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6199
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6182
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6229
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6197
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6552
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6048
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6079
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6524
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6723
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6298
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6735
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8711
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6732
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6396
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12052
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6114
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:6969
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6543
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6249
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6482
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6119
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6569
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6240
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6685
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:6901
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7129
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:11019
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6337
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6203
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7333
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6051
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6062
Scope of Section 151 CPC...
13 May 2023     Views:7642
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6590
Scope of Decree under CPC...
10 May 2023     Views:6141
Legal development of Arbitration Laws in India....
09 May 2023     Views:6185
Arbitration Laws in India...
07 May 2023     Views:6131
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8233
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6413
Same-Sex Marriage in India...
30 Apr 2023     Views:6052
National Commission for Women...
27 Apr 2023     Views:5905
Law making process of India....
26 Apr 2023     Views:6992
Bail Provisions in India...
25 Apr 2023     Views:5929
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6345
Contempt of Court...
23 Apr 2023     Views:6183
The collegium system of Judiciary in India....
22 Apr 2023     Views:5869
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:5864
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:6026
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8461
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7071
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6147
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:5860
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6071
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5633
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:5855
Law should take into consideration realities of co...
10 Apr 2023     Views:5684
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6288
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6407
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6132
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6609
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:5913
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6054
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6643
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:6380
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96363
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:73939
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71357
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70491
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:59857
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.