( 1 ) BY this group to special civil applications the cooperative societies to diverse nature such as primary societies as well as federal societies extending service and credit facilities producer societies banking societies rendering banking services at urban district and state level sales and purchase unions at taluka district and state level challenge the Gujarat (Co-operative Societies (Amendment) Act. 1981 (hereinafter referred to as the impugned Act to 1981) and the Gujarat Co-operative Societies (Amendment and Validation) Act 1982 (hereinafter referred to as the impugned Act to 1982) by which the Gujarat Co operative Societies Act 1961 (hereinafter referred to as the principal Act) has been substantially amended. Since challenge to these two amending Acts in all these special civil applications is almost on identical grounds and the main contentions urged by the learned counsel appearing in these matters are also identical we propose to dispose to the entire group by this common order. However in order to appreciate these contentions in the proper perspective we would set out a few facts by way to model facts from those special civil applications which were described by the learned Counsel as their main applications in which they have thought fit to address us.

( 2 ) 2 Special Civil Applications Nos. 1027 to 1981 and 4622 to 1982 were argued by the learned Counsel Mr. P. M. Raval. Similarly Special Civil Applications Nos. 1040 to 1981 4980 to 1982 and 5011 to 1982 were argued by the learned Counsel Shri K. G. Vakharia. Special Civil Applications Nos. 1702 to 1981 136 to 1983 216 to 1983 and 217 of 1983 were argued by the learned Counsel Shri Shanti Bhushan. It is from these special civil applications that we have extracted the model facts since the respective petitioners in these special civil applications broadly represent the diverse type of co-operative societies with which we are concerned in this group. We have therefore selected these special civil applications for the purpose of model facts in the light of which we will examine the different grounds of challenge to the impugned Acts.

( 3 ) 3 Special Civil Application No. 1027 of 1981 is filed on behalf of three petitioners. Petitioner No. 1 is Amreli District Co-operative Sales and Purchase Union Limited which is a federal society registered under the provisions of the Gujarat Co-operative Societies Act 1961 Petitioner No. 2 is Dhari Taluka Co-operative Sales and Purchase Union Limited which is a union operating at taluka level and is a member of petitioner No. 1 union. Petitioner No. 3 is the President of the Amreli District Co-operative Sales and Purchase Union Limited Amreli and Dhari Taluka Co-operative Sales and Purchase Union Limited. He has been elected as President of petitioner No. 1 union. Petitioners have challenged the impungned Act of 1981. Special Civil Application No. 4642 of 1982 is moved by different co-operative banks operating in the urban and rural areas namely Ahmedabad Baroda Adipur in Kutch Babra in Rajkot and Harij taluka in Mehsana district. The managing director the chairman and the shareholders have also joined in this special civil application on behalf of their respective banks and the provisions of the impugned Act of 1982 are under challenge in this special civil application.

( 4 ) 4 Special Civil Applications Nos. 1040 of 1981 and 4983 of 1982 are by Mehsana District Central Co-operative Bank and by Shri Atmaram Maganlal Patel who happens to be the chairman of the said bank. Petitioner bank is a federal co-operative society deemed to have been registered under the provisions of the principal Act. Petitioner bank is one of the oldest co-operative societies of the State of Gujarat since it was registered in the year 1916-17 under the Co-operative Societies Act as was in force in the erstwhile princely State of Baroda. In the course of working during the last more than 60 years 1600 co-operative societies have affiliat