(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)

Letters Patent Appeal (LPA) No.973 of 2013 is filed by Shree Rajkot District Cooperative Milk Producers’ Union Limited being aggrieved by judgment and order passed by the learned Single Judge in Special Civil Application (SCA) No.10076 of 2013 dated 08.07.2013. SCA No.10076 of 2013 was filed by three petitioners, namely, Bhanubhai Labhubhai Mehta, Babubhai Bavanjibhai Nasit and Parshottambhai Keshabhai Savaliya.

2. The learned Single Judge was pleased to pass the following operative order:

“34. For the reasons stated above, the petition is allowed. The impugned order dated 18.6.2013 is quashed and set aside. The petitioners are held entitled to continue as Government representatives on the Managing Committee of respondent No.3 Sangh on the basis of the order dated 4.3.2013 irrespective of the impugned order dated 18.6.2013. The respondents are directed to permit the petitioners to work and discharge their duties as Government nominees/ representatives on the Managing Committee of respondent No.3 Sangh. Rule is made absolute.

35. At this stage, learned advocate Mr. Pahwa requested to stay and suspend the operation of this judgment and order.

36. The Court having held that the petitioners are entitled to continue as Government representatives cannot accept the request to suspend its judgment and order. Hence, the request of learned advocate Mr. Pahwa is rejected. Direct Service is permitted.”

3. It is against this judgement and order that LPA No.973 of 2013 is filed by the appellant -Shree Rajkot District Cooperative Milk Producers’ Union Limited.

4. LPA No.1252 of 2013 is filed by State of Gujarat, through Secretary, Government of Gujarat, Cooperation Department, along with the Registrar, Cooperative Societies, Gujarat State. The judgment under challenge is the same, viz. passed in SCA No.10076 of 2013.

5. LPA No.1347 of 2013 in SCA No.11421 of 2013 is filed by the very same union, viz. Shree Rajkot District Cooperative Milk Producers’ Union Limited being aggrieved by the judgment and order passed by the learned Single Judge in SCA No.11421 of 2013, which was filed by the union (Shree Rajkot District Cooperative Milk Producers’ Union Limited). The learned Single Judge was pleased to dismiss the petition vide judgment and order dated 04.10.2013, saying, in the operative part of the judgment, as under:

“24. In my view, the petitioner union having not taken any action to challenge the impugned order even after it got report dated 8.1.2013 relied on by respondent no.2 and till after the order dated 18.6.2013 cancelling appointment of respondent No.3 to 5 was set aside by this Court and it having called respondent No.3 to 5 to the meetings of the petitioner society for transacting various businesses in due compliance of the impugned order, the petitioner could be said to have acquiesced in the impugned order.

25. What further appears from the declaration made by the respondent No.3 to 5 that they have been associated with other federation of the cooperative societies and other cooperative societies and they appear to be well connected with the cooperation movements in the District of Rajkot.

26. For the reasons stated above, the Court does not find any merit in the contentions raised by learned advocate Mr. Pahwa for the petitioner. The petition is thus dismissed. Notice is discharged.”

6. As all these three LPAs have common question involved. They are heard together and with the consent of the learned advocates and at their request the matters are taken up for final hearing as this Court [Coram: Vijay Manohar Sahai & K.J. Thaker, JJ.) on 06.01.2014 passed an order, the relevant part of which reads as under:

“On the request made by learned counsel Mr.Rao and with the consent of the learned counsel for the respective parties, put up these appeals for admission/ final disposal tomorrow.”

7. The facts giving rise to these appeals are that the petitioners of SCA No.10076 of 2013