SCA/5902/2001 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5902 of 2001 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 ? ========================================================= PRAGATI CO-OPERATIVE BANK LTD. - Petitioner(s) Versus STATE OF GUJARAT & 4 - Respondent(s) ========================================================= Appearance : NOTICE SERVED for Petitioner(s) : 1,MS JIRGA D JHAVERI for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1 - 2. MR KETAN D SHAH for Respondent(s) : 3 - 5. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 12/05/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for appropriate writ to restrain the respondent Nos. SCA/5902/2001 2/4 JUDGMENT 3 to 5 from acting as Government nominees on the Board of Directors of the Pragati Cooperative Bank Ltd. 2. It appears that this Court (Coram: K.M. Mehta, J.) on 25.07.2001 had passed the following order:- “Heard Mr.K.S.Jhaveri, learned advocate for the petitioner. In view of the order of the Hon'ble Supreme Court in Petition for Special Leave to Appeal (Civil) No.7478/2000 in the case of Vanthali Taluka Co-op. Purchase & Sale Union Ltd. Vs. State of Gujarat and Others decided on 9.5.2000 where the Hon'ble Supreme Court has passed the order as under: "Leave granted. Tag with civil appeal arising out of S.L.P.(C) No.7165/99. Pending further orders, there shall be stay of resolution dated 7th January, 2000." In view of the same, issue Rule. Notice as to interim relief returnable on 8th August, 2001. Ad-interim relief in terms of Para 6(B). Direct service is permitted.” 3. It further appears that a period of about six years has passed and pending the petition, number of elections of the members of the SCA/5902/2001 3/4 JUDGMENT 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. 4. In view of the above, it can be said that the issues, which are raised in this petition, have become infructuous by afflux of time and also the impugned order passed in the present proceedings. 5. Hence, the petition is disposed of as having become infructuous. Further, it is observed that it would be open to the State Government to exercise afresh the power under Section 80 of the Act in accordance with law as per the prevailing statute, if such is permissible. It is also clarified that as and when such exercise is undertaken by the State Government, the rights and contentions of the petitioner bank shall also remain open. SCA/5902/2001 4/4 JUDGMENT 6. Rule made absolute accordingly. No order as to costs. (JAYANT PATEL, J.) Suresh*