The Gujarat High Court, on 27 August 2021, in the case of Pravinsinh Indrasinh Mahida v State of Gujarat, struck down the Gujarat Co-operatives Societies (Amendment) Act, 2019, by ruling that the legislation was “unconstitutional, absurd, manifestly arbitrary and not in the public interest”, and was in violation of article 14 of the constitution.
The act revoked section 74C(1)(v) of the Gujarat Co-operative Societies Act, 1961, thereby removing sugar factories from the list of specified co-operative societies in the 1961 act.
As a result, no elections were required to be conducted by the state for the sugar factories. The amendment implied that elections would be conducted by the co-operative sugar factories themselves, and that no independent government officer would be appointed to oversee such elections.
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The dispute digest is compiled by Numen Law Offices, a multidisciplinary law firm based in New Delhi & Mumbai.
The authors can be contacted at support@numenlaw.com.
Readers should not act on the basis of this information without seeking professional legal advice.
