(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1 We have heard Mr. B.S. Patel, learned counsel for the appellant and learned AGP Mr. N.J. Shah for the respondents.
2 The appellant has challenged the order dated 7.10.2010 passed by the learned Single Judge in Special Civil Application No. 10167 of 2010, under Clause 15 of the Letters Patent, whereby the learned Single Judge has partly dismissed the petition. The learned Single Judge has passed a reasoned order and observed in para-21 of the judgment as under:
“21 For the foregoing reasons, the petition is partly allowed. The impugned order passed by respondent No.1 – authority in Revision Application No. 140 of 2010 dated 25.8.2010 is modified to the extent that the order confirming the removal of the petitioner as the Chairman as well as Member of the Managing Committee of Shri Vavdi Road Seva Sahakari Mandli Limited is confirmed.
However, so far as the order regarding disqualification of the petitioner from holding any post in any co-operative society within the State of Gujarat for a period of two years passed by respondent No.2 – authority and confirmed the revision by respondent No.1 is modified to the extent that the petitioner shall incur disqualification u/s 76B)2) of the said Act for a period of two years only in respect of those Cooperative societies where he was holding office through the present society. It is clarified that wherever the petitioner was elected in his individual capacity or through any other cooperative society, he will not incur disqualification i/s s76-B(2) of the said Act. With the above observations and direction, the petition stands disposed of. Rule is made absolute to the above extent with no order as to costs.”
3 In this view of the matter, the two years for which the appellant/petitioner as debarred has come to an end on 12.8.2010, the appeal becomes infructuous. Hence, the appeal stands dismissed as having become infructuous.
4. Since the appeal filed by the appellant – original petitioner stands dismissed as having become infructuous, the appeal, being Letters Patent Appeal No. 332 of 2011, filed by the State against the very order of the learned Single Judge dated 7.10.2010 passed in Special Civil Application No. 10167 of 2010 also stands dismissed as having become infructuous.
5. Consequently, the Civil Application No. 14631 of 2010 filed in Letters Patent Appeal No. 2766 of 2010 has no survival value and the same also stands dismissed.
(V.M. SAHAI, J.) (A.J. DESAI, J.) pnnair