01Facts
The petitioners sought membership in respondent No. 4 co-operative society.
¶ 1 · p. 1They stated that certain existing members had died and that they had made representations to the District Registrar and the society.
¶ 1 · p. 1After earlier proceedings, the Additional Registrar (Appeals), by order dated 1 July 2026, remanded the matter after setting aside an order dated 27 April 2026.
pp. 1–3The petitioners then represented to the District Registrar on 8 July 2026, but that representation remained undecided.
¶ 1, 5 · pp. 1–3They filed this petition seeking a direction to decide it and to comply with the appellate order.
¶ 1, 5 · pp. 1–3The State’s counsel submitted that the representation would be decided within eight weeks.
¶ 6 · p. 402Issues
i.1. Whether the District Registrar should be directed to decide the petitioners’ pending representation dated 8 July 2026.
¶ 5–7 · pp. 3–4ii.2. Whether the Court should direct the petitioners’ induction as members of the society or otherwise determine their membership claims in this petition.
¶ 1 · p. 1 · ¶ 7 · p. 403Law Applied
The petition was brought under Article 226 of the Constitution of India.
¶ 1 · p. 1The Court applied no specific statutory provision, precedent, or substantive rule concerning eligibility for membership in a co-operative society.
It disposed of the petition on the State’s undertaking that the pending representation would be decided within a specified period and in accordance with law.
¶ 6–7 · p. 404Reasoning
The immediate grievance before the Court was that the representation of 8 July 2026 remained undecided after the Additional Registrar (Appeals) had remanded the matter.
¶ 5–7 · pp. 3–4The District Registrar, through the learned AGP, undertook to decide the representation within eight weeks.
¶ 6 · p. 4In light of that undertaking, the Court considered it appropriate to dispose of the petition without deciding the petitioners’ substantive membership claims.
¶ 5–7 · pp. 3–405Holding
The Court disposed of the petition in accordance with the State’s undertaking that the District Registrar would decide the representation dated 8 July 2026 within eight weeks, in accordance with law.
¶ 7–8 · p. 4The petitioners were directed to cooperate in securing a decision within that period.
¶ 7–8 · p. 4The Court did not order their induction as members.
¶ 7–8 · p. 4Original Court PDF
BABUBHAI BECHARBHAI MAKWANA (CHAMAR)vsTHE STATE OF GUJARAT
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