BHANUBHAI LABHUBHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Government Pleader Mr. Prakash Jani with learned Assistant Government Pleader Mr. Neeraj Ashar for respondent Nos.1 and 2 and learned advocate Mr. Navin Pahwa for respondent No.3 waive service of Rule.

(2.) WITH the consent of the learned advocates for the parties, the matter is taken up for final hearing.

(3.) THE case of the petitioners is that the petitioners are agriculturists and active social workers of Rajkot District and connected with co-operative movements. Petitioner No.1 is Director of Rajkot Jilla Kharid Vechan Sangh, Rajkot District Co-operative Union, Rajkot District Co-operative Press, Rajkot Lodhika Taluka Sahakari Kharid Vechan Sangh, etc. Petitioner No.2 is Director of Gujarat State Grain Growers Federation, Ahmedabad, Director of Rajkot Lodhika Co-operative Processing and Marketing Sangh, Shri Khokhaddas Seva Sahkari Mandali Limited, Shri Khokhaddas Dudh Utpadak Sahkari Mandali Ltd. and Vice President of Rajkot Taluka Panchayat. Petitioner No.3 is Director of Agricultural Produce Market Committee, Rajkot, Member of Rajiot District Panchayat, Member of Paddhari Taluka Kharid Vechan Sangh, President of Nyara Seva Sahkari Mandali Ltd and other societies. It is their case that though they have been nominated as Government representatives by order dated 4.3.2013 till completion of the term of the elected body of respondent No.3 Society, their appointment as nominated members is cancelled under the political pressure by the impugned order only within a span of three months. It is averred that the impugned order is passed in colourable exercise of the powers and without assigning any reasons. It is further averred that since the petitioners are nominated under Section 80(2) of the Act till expiry of the term of the elected body, such nominations cannot be recalled, revoked or cancelled before expiry of the said term in the name of the public interest.