( 1 ) THESE petitions are grouped and heard together as they involve the common issue of the validity of sub-section (2) of Section 80 of the Gujarat Co-operative societies Act, 1961 (the Act for short ). However, the petitions are required to be divided into three sub-groups viz. the petitions in which show cause notices to appoint nominee directors were issued, where appointment orders of such nominees were already issued, and the petitions filed only on the basis of apprehension of such appointments by the Government.

( 2 ) THE relevant Section 80 of the Act reads as under:"s. 80 Power to appoint Government Nominee: (1) Where the State Government has subscribed to the share capital of a society, directly or through another society, or has guaranteed the repayment of the principal of and payment of interest on, debentures issued or loans raised by a society, the State Government shall, notwithstanding anything contained in the bye-laws of such society, have the right to nominate three represenetatives on the Committee of such society, in such manner as may be determined by the State Government from time to time. The members so nominated shall hold office during the pleasure of the State Government, or for such period as may be specified in the order by which they are appointed, and any such member on assuming office shall have all rights, duties, responsibilities and liabilities as if he were a member of the committee duly elected. Explanation: Any nomination of the Registrar or his nominee on the Committee of a society under the bye-laws of such society shall not be construed as nomination of the representative on that Committee in exercise of the right of the State Government under this sub-section. (2) Where the State Government is of the opinion that having regard to the public interest involved in the operation of society it is necessary or expedient so to do, it may nominate its reprepsentatives on the committee of such society as if the State Government had subscribed to the share capital of the society and the provisions of sub-section (1) shall, so far as may be apply to such nomination. ""committee" is defined in Section 2 (5) as: "the committee of management, or other directing body, to which the management of the affairs of a society is entrusted". As per Section 74 of the Act, the management of every society shall vest in a committee constituted in accordance with the Act, the rules and bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed on it respectively by the Act, the rules and the bye-laws.

( 3 ) IT must be noted at the outset that constitutional validity of the provisions of sub-section (2) of Section 80 has been tested and upheld by an elaborate judgment of a Division Bench of this Court as far back as in 1984 in AMRELI DISTRICT CO-OPERATIVE SALE and PURCHASE UNION LTD. AND OTHERS v. STATE OF GUJARAT [ 1984 (2) G. L. R. 1244] wherein it is held as under:"78. SEC. 80, as it originally stood in the principal Act, empowered the Government to nominate its representatives not exceeding three on the Committee of a society to the share capital of which the State Government has directly or indirectly subscribed or has guaranteed the repayment of the principal and interest on debentures issued or loans raised by such society. Two fold amendment has been made in Sec. 80; firstly, by empowering the State Government to nominate its representatives notwithstanding anything contained in the bye-laws of such societies and, secondly, by inserting new sub-sec. (2) empowering the State Government to nominate the representatives on the committee of a society having regard to the public interest involved in the operation of such society it has been found necessary or expedient to do so as if the State Government had subscribed to the share capital of the society. We must reject the challenge to this new provision inserted by sub-sec. (2 ). The power is an enabli