( 1 ) KRIPALU Co-operative Housing Society Limited is respondent No. 1 to the petition. It is hereinafter referred to as the Society for the sake of brevity. The petitioner was admitted to the membership of the society in July 1973 The society then bad been con- structing residential flats. In 1977 the construction had been in progress During that very year the society passed a resolution expelling the petitioner from its membership. The petitioner challenged that resolution before the Board of Nominees constituted under the Gujarat Co-operative Societies Act. On 26/05/1978 the Board of Nominees issued an ad interim injunction restraining respondents Nos. 2 to 10; the other members of the society from taking possession of the flats under construction and restraining the society from handing over possession of those flats to respondents Nos. 2 to 10. The Board of Nominees also stayed the implementation of the resolution which was challenged before it.

( 2 ) ON 27/05/1978 a Commissioner was appointed by the Board of Nominees to report on the state of construction of the fiats in question. The Commissioner after inspecting the site reported that the society had not hand