SCA/3340/2001 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3340 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 ? ========================================================= GUBHARUBHAI MALSURBHAI RABARI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : NANAVATY ADVOCATES for Petitioner(s) : 1, MS SHUKLA, AGP for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 12/05/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for appropriate writ to quash and set aside the SCA/3340/2001 2/5 JUDGMENT 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:- “ I have heard Mr.N.D.Nanavaty, learned Sr. Counsel appearing on behalf of the petitioner. Issue rule. The petitioner to take necessary steps for service of rule on the respondents within seven days. Rule is returnable on 27-6- 2001. 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 SCA/3340/2001 3/5 JUDGMENT 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 SCA/3340/2001 4/5 JUDGMENT 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.” 3. 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. 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. SCA/3340/2001 5/5 JUDGMENT 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 Society shall also remain open. 6. Rule made absolute accordingly. No order as to costs. 12.5.2008 (Jayant Patel, J.) vinod