PANKAJ B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against order of the learned Single Judge dated 25.50.2010 in Special Civil Application No.6472 of 2010. By the impugned order, the learned Single Judge dismissed the writ petition filed by the present appellants.

(2.) It is the case of the appellants that they were elected Directors of the respondent No.3 - Unjha Nagrik Sahakari Bank Ltd. The appellant No.1 was the Chairman of the Bank and the appellant No.2 was Managing Director of the said Bank. The Managing Committee of the Bank resolved to appoint and recruit certain clerks and peons. The Selection Committee send names of eligible candidates possessing requisite qualification from Employment Exchange. It is the case of the appellants that the Employment Exchange did not sent names of eligible candidates. Thereafter, advertisement was given for recruitment and subsequently 133 persons were called for interview and subsequently 14 candidates were appointed as Clerks and 1 candidate was appointed as Peon. Accordingly, 15 appointment orders were issued by the Bank. It was alleged that since the term of the Body was to expire in June 2010, appointments should not have been made and on that basis, a show cause notice was issued by the respondent No.2, calling upon the appellants to show cause as to why action under Section 76(B) should not be taken against the appellants and as to why the appellant should not be removed from the post of Chairman and Managing Director of the respondent No.3 Bank. In the meanwhile, the appellants also submitted their resignations from the post of Chairman and Managing Director. Subsequently, the Registrar, Cooperative Societies passed an order, by which the appellants were removed from the post of Chairman and Managing Director respectively and were also disqualified to contest election in any Cooperative Society for a period of 4 years. The present appellants challenged the said order by way of writ petition being Special Civil Application No.6472 of 2010. The said writ petition came up for admission before the learned Single Judge on 25.05.2010. The learned Single Judge dismissed the petition by passing the following order:-

(3.) Looking to the order, it cannot be disputed that it is a non-speaking order and none of the contentions of the appellants raised in the petition or at the time of arguing the matter has been taken into consideration. Learned Counsel Mr.Desai submits that he had argued all available points, but none of the points is reflected in the judgment.