1. The petitioner herein has prayed to quash and set aside the order dated 09.08.2011 passed by the Gujarat State Co-operative Tribunal, Ahmedabad below Revision Application No. 111/2011 in Lavad Suit No. 548 of 2011 whereby the revision application preferred by respondent no. 2 is allowed and the order dated 21.07.2011 passed below Ex. 5 in Lavad Suit No. 548/2011 by the Board of Nominees, Vadodara is quashed and set aside.
2. Having heard learned advocates for the petitioner and having perused the papers on record, this Court is of the considered opinion that admission of the matter at this stage shall not help the parties. Instead it shall be in the interest of justice to direct the Tribunal to hear and dispose of the suit at the earliest. It is required to be noted that if the allegations made in the petition are ultimately found to be correct, it would mean that the person who is not entitled for the post shall continue and on the contrary if the allegations are found to be incorrect, the appropriate and right person is required to continue to assume office and therefore the Tribunal after ascertaining the correct facts and evidence is required to decide the suit expeditiously.
3. Accordingly, the Tribunal is hereby directed to hear the suit on a day to day basis and dispose of the same as expeditiously as possible. Petition stands disposed of without entering into the merits of the matter and therefore the Tribunal shall not be influenced by the order of this Court. Direct service is permitted.
(K.S.
JHAVERI, J.) Divya// Top