(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Mihir Joshi, learned Senior Counsel assisted by Mr. Dilip Rana appearing for the petitioner and Mr. P.K. Jani, learned Government Pleader assisted by Mr. Rakesh P. Patel, learned Assistant Government Pleader appearing for the respondents.
2. This petition has been filed on the apprehension that though the petitioner has been elected as Director and the Directors are to elect their Chairman in a meeting, the State Government may nominate three members under Section 80 (2) of the Gujarat Cooperative Societies Act, 1961 which may affect the election of the Chairman.
3. The learned Government Pleader has pointed out that Assembly Elections have been declared on 3.10.2012 and moral code of conduct is applicable now. Secondly, he points out that nomination of three members by the State Government could only be made as per the procedure prescribed by a Division Bench in the case of (Shree) Bileshwar Khand Udyog & another v. State of Gujarat and others, 1993 (2) GLH 96.
4. Therefore, in our opinion, the writ petition is premature and is dismissed at this stage with a liberty to the petitioner that he may approach the Court subsequently if any action adverse to the petitioner is initiated or taken by the State Government.
Sd/-
[V. M. SAHAI, J.] Savariya Sd/-
[G. B. SHAH, J.]