BHAGWANBHAI ARSIBHAI PACHODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal preferred under clause 15 of the Letters Patent arises from the judgment and order dated 23rd September 2008 passed by the learned Single Judge in above Special Civil Application No. 10386/2008.

(2.) THE appellants-petitioners are the elected Directors of the Una Taluka Sahakari Kharid Vechan Sangh Limited, a federal society (hereinafter referred to as "the Society" ). Feeling aggrieved by the order dated 22nd/23rd April 2008 made by the Registrar, Cooperative Societies, in exercise of powers conferred by Section 80 (1) of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the Act"), the appellants preferred above Special Civil Application No. 10386/2008 under Article 226 of the Constitution of India.

(3.) IT is the grievance of the appellants, inter alia, that three persons nominated as the representatives of the Government are disqualified to be the members of the Society. The specific objection raised by the appellants has not been considered by the authority below. It is also the grievance of the appellants that the exercise of power under Section 80 (1) of the Act is vitiated by malafide as it has been made with a view to tilting the balance and not in the interest of public.