Facts
The petitioners were elected members of the Managing Committee of a Cooperative Society. The District Registrar subsequently superseded this Committee and appointed an Administrator to manage the society's affairs.
Source reference: para. 5Challenging this action, the petitioners filed Revision Application No. 4 of 2026 before the Deputy Secretary (Appeals). Although multiple applications were filed to expedite the matter, the Revisional Authority failed to prepone the hearing or decide the application.
Source reference: para. 3Consequently, the petitioners approached the High Court under Articles 14, 19, and 226 of the Constitution of India seeking a mandamus for a time-bound disposal of the revision.
Source reference: paras. 2-3Issues
1. Whether the Court should issue a writ of mandamus directing the Respondent No. 1 to hear and decide the pending Revision Application within a specific, expedited timeframe.
Source reference: para. 2, Prayer ALaw Applied
The Court's jurisdiction was invoked under Articles 14, 19, and 226 of the Constitution of India, read with the Gujarat Co-operative Societies Act, 1961, and the Rules framed thereunder.
Source reference: para. 2The primary legal principle applied is the judicial power to direct quasi-judicial authorities to perform their statutory duties (mandamus) within a reasonable period to ensure the efficacy of legal remedies, particularly when an elected body has been superseded by an administrator.
Source reference: paras. 5-7Reasoning
The Court observed that the petitioners' elected positions were currently displaced by an Administrator, making the swift adjudication of the Revision Application a matter of procedural necessity.
Source reference: para. 5While the petitioners sought a 15-day deadline, the State (represented by the AGP) contended that an exact date could not be provided but proposed an outer limit of three months for resolution.
Source reference: para. 5The Court found the State’s proposed timeline reasonable under the facts and circumstances. By directing a time-bound disposal, the Court ensured that the petitioners' statutory right to a revision under the Gujarat Co-operative Societies Act was not rendered illusory by administrative delay.
Source reference: paras. 6-7Holding
The Court partly allowed the petition.
It issued a mandamus directing Respondent No. 1 (Deputy Secretary, Appeals) to decide Revision Application No. 4 of 2026 on its merits and in accordance with the law within an outer limit of three months from the date of receipt of the order. The Court emphasized that the authority must provide a proper opportunity of hearing to the petitioners before final disposal.
Source reference: para. 7Original Court PDF
JAYESHBHAI NATVARBHAI PATELvsTHE STATE OF GUJARAT
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