(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) ADMIT.
ORDER IN CA No.11506 of 2011 RULE returnable on 24.4.2012.
Learned Senior counsel appearing for the appellant has urged that the outgoing Committee of the appellant Society gave consent for appointment of the State Nominee though before the new Committee which was elected could take charge. There was no element of public interest involved and, therefore, the State Government could not nominate a Member. Hence, the order passed by the State Government is illegal.
Prima facie, we find force in the contention of learned Senior counsel appearing for the appellant that before the new Committee took charge, the State Government has issued a show-cause notice as to why the Nominee of the State Government may not be appointed under Section 80 (2) of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as 'the Act') and the outgoing Committee which has lost the election gave their consent that they have no objection. Further, we do not find any reason in the impugned order passed by the State Government for appointment of State Nominee to the appellant Committee as provided under Section 80 (2) of the Act. This appears to be illegal and, therefore, the appellant is entitled for interim relief.
Until further orders of the Court, the effect and operation of the order dated 29.7.2011 passed by the learned Single Judge in Special Civil Application No.13612 of 2009 as well as the order dated 10.11.2009 passed by the State Government (Annexure A to the original writ petition) shall remain stayed.
Sd/-
[V.
M. SAHAI, J.] Sd/-
[A.
J. DESAI, J.] Savariya Top