Case Note & Summary
The petitioner, Rameshbhai Udabhai Pantrod, an agriculturist engaged in animal husbandry and supplying milk to respondent No.2 society, sought membership of the society under Section 24 of the Gujarat Co-operative Societies Act, 1961. Despite fulfilling the criteria, his membership was refused. He approached respondent No.1, the District Registrar, Co-operative Societies, by representation dated 17.07.2025. Respondent No.1, considering that the petitioner had supplied 1012.04 liters of milk, passed an order on 03.02.2026 directing respondent No.2 to admit the petitioner as a primary member. However, respondent No.2 did not comply. The petitioner then filed an application on 20.02.2026 before respondent No.1 seeking action for non-compliance, but no action was taken. Aggrieved, the petitioner filed the present petition under Article 226 of the Constitution. The court noted that the order dated 03.02.2026 was passed under Section 24 of the Act and was binding on respondent No.2. The court directed respondent No.1 to take appropriate coercive action under Section 24(2) of the Act against respondent No.2 for non-compliance, and directed respondent No.2 to admit the petitioner as a primary member within two weeks from the date of receipt of the order. The petition was disposed of accordingly.
Headnote
A) Co-operative Law - Membership - Section 24 of Gujarat Co-operative Societies Act, 1961 - Compliance of Statutory Order - Petitioner, an agriculturist supplying milk to respondent No.2 society, was denied membership despite fulfilling criteria - Respondent No.1 passed order on 03.02.2026 directing admission, but society failed to comply - Court held that the order under Section 24 is binding and must be complied with - Directed respondent No.1 to take coercive action under Section 24(2) and respondent No.2 to admit membership within two weeks (Paras 1-6).
Issue of Consideration
Whether the respondent No.2 society is bound to comply with the order dated 03.02.2026 passed by respondent No.1 directing admission of the petitioner as a primary member under Section 24 of the Gujarat Co-operative Societies Act, 1961.
Final Decision
The petition is disposed of with a direction to respondent No.1 to take appropriate coercive action under Section 24(2) of the Gujarat Co-operative Societies Act, 1961 against respondent No.2 for non-compliance of the order dated 03.02.2026. Respondent No.2 is directed to admit the petitioner as a primary member of the society within two weeks from the date of receipt of the order.
Law Points
- Section 24 of Gujarat Co-operative Societies Act
- 1961
- Article 226 of Constitution of India
- Mandamus for compliance of statutory order
Case Details
2026 LawText (GUJ) (03) 287
R/SPECIAL CIVIL APPLICATION NO. 3743 of 2026
Mr. Dipen F. Chaudhari for Petitioner, Mr. Nikunj Kanara, Assistant Government Pleader for Respondent No.1
Rameshbhai Udabhai Pantrod
District Registrar Co-operative Societies & Anr.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India read with Gujarat Co-operative Societies Act, 1961 seeking direction to comply with order for membership.
Remedy Sought
Petitioner sought writ of mandamus directing respondent authorities to comply with order dated 03.02.2026 passed by respondent No.1 and to direct respondent No.2 to give membership to the petitioner.
Filing Reason
Respondent No.2 society refused to admit petitioner as member despite order dated 03.02.2026 from respondent No.1 directing admission.
Previous Decisions
Respondent No.1 passed order dated 03.02.2026 directing respondent No.2 to admit petitioner as primary member under Section 24 of the Act.
Issues
Whether respondent No.2 is bound to comply with the order dated 03.02.2026 passed by respondent No.1 under Section 24 of the Gujarat Co-operative Societies Act, 1961.
Submissions/Arguments
Petitioner argued that he fulfills all criteria for membership under Section 24 and that respondent No.1's order is binding on respondent No.2.
Respondent No.1 submitted that appropriate action would be taken for non-compliance.
Ratio Decidendi
An order passed under Section 24 of the Gujarat Co-operative Societies Act, 1961 directing admission of membership is binding on the society, and non-compliance warrants coercive action under Section 24(2) of the Act.
Judgment Excerpts
Considering the fact that petitioner had filled 1012.04 Liter milk with the respondent No.2-Society and considering the provisions of Section 24 of the Act, the respondent No. 1 passed the order thereby, directing the respondent No.2 to admit the petitioner as primary member of the society.
The respondent No.1 is directed to take appropriate coercive action under Section 24(2) of the Act against the respondent No.2 for non-compliance of the order dated 03.02.2026.
Procedural History
Petitioner applied for membership to respondent No.2, which was refused. Petitioner then made representation to respondent No.1 on 17.07.2025. Respondent No.1 passed order on 03.02.2026 directing admission. Respondent No.2 did not comply. Petitioner filed application on 20.02.2026 before respondent No.1 for action. No action taken. Petitioner filed present writ petition on 17.03.2026.
Acts & Sections
- Gujarat Co-operative Societies Act, 1961: Section 24, Section 24(2)
- Constitution of India: Article 226
