( 1 ) RULE. Mr. B. M. Mangukia, learned A. G. P. waives service of rule on behalf of respondent Nos. 1, 2 and 5. With the consent of learned advocate for petitioner and A. G. P. for respondent Nos. 1, 2 and 5 matter is heard finally.

( 2 ) BY this petition under Art. 227 of the Constitution of India petitioner, a duly registered Co-operative Society challenges the action of the Registrar, co-operative Societies respondent No. 2 herein of appointing three members in the Board of Directors of the petitioner-Bank under bye-law No. 28 of vanthali Vibhagiya Nagarik Sahakari Bank Ltd. The said order appointing respondent Nos. 3 and 4 and also the officer of the Co-operation Department as members of the Board of Directors of the petitioner-Bank is issued vide order dated 23-2-1991 which is at Annexure "a" to the petition. This order is the subject-matter of challenge in this petition,

( 3 ) SHORT facts giving rise to the present petition are as under : (I) The petitioner is a duly registered Co-operative Society carrying on the business of banking at Vanthali village, District Junagadh. As a Co-operative bank it has its own bye-laws. As per bye-law No. 28 there is a provision that