SCA/7216/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7216 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BHAGWANBHAI ARSIBHAI PACHODI & 7 - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR BM MANGUKIYA for Petitioner(s) : 1 - 8. GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 09/05/2008 ORAL JUDGMENT 1. Notice. Ms. Patel, learned AGP waives service SCA/7216/2008 2/5 JUDGMENT of notice for respondent Nos.1,2 & 4. The presence of respondent No.3 is not required at this stage in view of the order passed hereinafter. 2. The petitioners have preferred the petition for the appropriate writ to declare and hold that the present petitioners are interested persons in the proceedings under Section 80(2) of the Gujarat Cooperative Societies Act (hereinafter 'the Act' for short), which has been undertaken by the respondent No.4 for appointment of the Government Nominee. The petitioners have also prayed to direct the respondent No.4 to accept the application of the petitioners for joining them as party to represent their case in the proceedings under Section 80(2) of the Act. 3. Heard Mr.Mangukiya, learned counsel appearing for the petitioners and Ms. Patel, learned AGP for the State Authorities. 4. Upon hearing the learned advocates appearing for both the sides, it appears that the State Government has initiated the proceedings for appointment of the Government Nominee in the Board of Directors of Una Taluka Sahakari Kharid Vechan Sangh Ltd. and for such purpose, the notice under Section 80(2) of the Act has been issued since the hearing is required to be given to the Society. SCA/7216/2008 3/5 JUDGMENT 5. The principal grievance in the present petition on behalf of the petitioners is that there are 15 elected members out of which, 1 member has expired and in all there are 14 elected members. Out of such 14 members, the petitioners who are 8 members of the Managing Committee are having the majority and the President of the Society is in minority and therefore, neither is holding the meeting of the Managing Committee nor is also calling the meeting and the grievance on the part of the petitioners is that without calling the special general meeting of the Managing Committee, the consent shall be given by the President, as if the consent is of the Society and the Government may act upon such consent for appointment of the Government Nominee. Therefore, it was submitted that unless the opportunity is given to the majority group of the persons who are represented as the petitioners in the present petition, the Government may not exercise the power. 6. The learned AGP on behalf of the State has left the matter to the Court on the aspects if the opportunity of hearing is to be given to the petitioners before exercising of the power under Section 80(2) of the Act. 7. Having considered the above, it appears that as such, as per the requirement of the Act read with the Judgment of this Court reported at SCA/7216/2008 4/5 JUDGMENT 25(2)GLR 1244, if the Government wants to exercise the powers under Section 80(2) of the Act, the opportunity of hearing is required to be given to the Society concerned. The Society has to act either through its general body or through the members of the Managing Committee. As no meeting of the members of the Managing Committee is being held and grievance of the petitioners is that the President is not holding the meeting of the majority members of Managing Committee. If the petitioners are permitted to be given opportunity of hearing before the Registrar, no prejudice will be cause and on the contrary, the State Government/Registrar will be in a position to consider all the aspects of the matter. 8. Hence, the present petition is disposed of with the direction that if the petitioners jointly submit their representation, the opportunity of hearing shall be given by the Registrar, who is seized with the proceedings under Section 80(2) of the Act before exercise of the power under Section 80(2) of the Act. 9. It is also made clear that after giving opportunity of hearing to all concerned, including the above referred petitioners, the State Government/Registrar shall be at the liberty to pass appropriate orders in accordance with law. SCA/7216/2008 5/5 JUDGMENT 10.Petition is disposed of accordingly in terms of the aforesaid directions. No order as to costs. D.S. (JAYANT PATEL, J.) *bjoy