Point of Law: State authorities appear to have consistently followed the practice of disclosing the names of the proposed nominees and detailed guidelines, the latest being by the Resolution which were placed on record are being followed to determine the eligibility of the proposed nominees as stated by the learned Advocate General

JUDGMENT :

1. The issues involved in both the writ petitions being common, both the writ petitions are heard together and are being disposed of by this common CAV judgment. Special Civil Application No.10405 of 2020 is treated as the lead matter and the facts are derived from the said writ petition.

2. By this petition under Article 226 of the Constitution of India, the petitioners have, inter alia, prayed for quashing and setting aside the order dated 24.8.2020 passed by the Registrar, Cooperative Societies, i.e. the respondent No.2 (hereinafter referred to as ‘the Registrar’) under sub-section (2) of Section 80 of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as the ‘Act of 1961’), nominating respondent Nos.6 and 7 as the representatives of the State Government in Surat District Milk Producers Union Ltd., i.e. the respondent No.4 (hereinafter referred to as ‘the Union’).

3. Tersely stated are the facts as discernible from the record:-

3.1 The petitioners are the elected members of the Union, which is the milk processing union established on 22.8.1951 with an object of collecting milk and processing and selling the same as also of providing various products like, animal feeds and veterinary services, to the members.

3.2 Upon expiry of the term of the managing Committee, the election programme was published on 8.7.2020 by the Election Officer & Deputy Collector, Surat. The election was held on 7.8.2020 for 16 seats of the managing Committee followed by the declaration of results on 9.8.2020 and the petitioners were declared elected.

3.3 It is the case of the petitioners that a letter was issued by the respondent No.3 – District Registrar, Surat (hereinafter referred to as 'the District Registrar'), proposing to nominate the respondent Nos.6 and 7 as representatives of the State Government in the Board of the Union. Further, the Bharatiya Janata Party President of District and two ministers have also recommended for their nomination. The said letter was received on 19.8.2020 by the Registrar.

3.4 It is alleged that the Registrar issued a notice dated 20.8.2020 with mala fide intent for appointing the government nominees under Section 80 (2) of the Act of 1961, inter alia, stating that it is imperative for the State Government to appoint the nominees, since there is a public interest involved, with no explanation in this behalf, to the Managing Director of the Union, who according to the petitioners was not authorised to reply to the said notice. In the reply, dated 21.8.2020 of the Managing Director, it has been pointed out that as per the Byelaw No.51 of the Bye-laws of the Union, he would not be in a position to reply to the notice. Though the notice was also addressed to the Chairman of the Union, obviously there could not have been any reply by the Chairman since the election of the Chairman and Vice-Chairman was yet to be held.

3.5 The hearing was fixed on 24.8.2020, the petitioners apprehending that the order would be passed on 24.8.2020, appointing two nominees, filed a writ petition before this court. The objections were raised by the petitioners on 24.8.2020, intimating to the Registrar about filing of the writ petition and the difficulty being faced for circulating the

matter during the present set up. The petitioners also filed objections before the Registrar on 24.8.2020 to the notice dated 20.8.2020. In the objections, it has been averred that why the nominees cannot be appointed and the Managing Director is not competent to file the reply on behalf of the Union. In the reply, a contention has been raised that the proposed nomination is based only on political consideration, seeking to convert majority inasmuch as, the petitioners have majority of one member in the ensuing election of Chairman and Vice