GUBHARUBHAI MALSURBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has preferred the petition for appropriate writ to quash and set aside the order dated 18. 4. 2001 passed by the State Government, whereby the three Government Nominees were appointed on the Board of Directors of Shree Surendranagar District Cooperative Milk Producers Union Limited.

(2.) IT appears that this Court on 4. 5. 2001 had passed the following order:-

(3.) MR. N. D. NANAVATY, learned Sr. Counsel submits that the virus of Section 80 (2) of the Gujarat Cooperative Societies Act is still pending before the Hon'ble Supreme Court. The aforesaid provision empowers the Government to nominate maximum three members in any Cooperative Society. The learned Sr. Counsel submits that in the case pending before the Hon'ble Supreme Court Government issued notice proposing appointment of three members and that has been challenged and the Apex Court has stayed the notice, after admitting the S. L. P. He further submits that thereafter many cases have been filed on appointment of nominated members in the Cooperative Societies and the Division Bench passed even a stay order, where it was proposed by the Government to appoint any member. The learned Sr. Counsel has also drawn my attention to the order annexed at annexure "c" to the petition passed by the Division Bench of this Court on 15-1-2001 in SCA No. 11860/2000 and analogous cases. In the aforesaid order passed by the Division Bench, it has been directed to maintain status quo, if no appointment of government nominee has been made under Section 80 (2) of the said Act and the Government has been further directed not to make appointment of Government nominee on the Managing Committee of the Society. In view of the orders passed by the Apex Court as well as by this Court, I am of the view that the order dated 18-4-2001 annexed at Annexure "a" to the petition, nominating three members namely, Dirubhai S. , Iswarbhai S. Patel and Dadabhai R. Dangar as Government nominees in the petitioner Cooperative Society is required to be stayed. Accordingly, the order dated 18-4-2001 annexed at Annexure "a" to the petition shall remain stayed till the interim matter is finally heard. Issue notice. The interim matter will be taken up for hearing on 27-6-2001. Direct service is permitted. " it further appears that a period of about six years has passed and pending the petition, two elections of the members of the Managing Committee had become due. Not only that, but the State Government has amended the provisions of the Gujarat Cooperative Societies Act, including Section 80 and, therefore, even if such power is to be exercised under Section 80 of the Act, the State Government will have to consider the matter in light of the statute prevailing now and further keeping in view the existence of the Managing Committee of the Society.