N.V. Anjaria, J.

1. By offering a post-decisional hearing, whether the order under Section 76B of the Gujarat Cooperative Societies Act, 1961, otherwise passed without affording opportunity of hearing, could be saved for its legality, is the issue surfacing in the present controversy.

2. The challenge is addressed to order dated 10th October, 2016 passed by District Registrar, Cooperative Societies, Surat-the second respondent herein. The said order passed is in exercise of powers under Section 76B of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as 'the Act'). Thereby the second respondent disqualified the petitioners from the membership of Bardoli Gram Vikas Sahakari Mandli for a period of six years under Section 76B(2) of the Act. The order was passed without hearing, however the petitioners were subsequently called upon by communication dated 04th November, 2016 to give explanation for various issues.

3. Noticing the attendant facts, the petitioners were the members of the society elected for five years in April, 2015; they also held the position of the Directors in the year 2007-08. They faced an inquiry in the nature of proceedings under Section