JUDGMENT :

Hemant M. Prachchhak, J.

1. RULE returnable forthwith. Learned Assistant Government Pleader Ms. Dharitri Pancholi, waives service of notice of Rule for and on behalf of the respondent Nos.1, 2 and 3 and learned counsel Mr. Baiju Joshi, waives service of notice of Rule for and on behalf of the respondent No.4.

2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

3. By way of present petition under Article 226 & 227 of the Constitution of India read with the provisions of the Gujarat Cooperative Societies Act, 1961 (hereinafter be referred to as “the Act”), petitioners have prayed for the following reliefs :

“9A. Be pleased to quash and set aside notification/order bearing No. PWR-1084-2010-K(1) dated 02.09.1985 issued by Respondent no. 3 – State of Gujarat and all consequential actions taken by the Respondent no. 1 against the Petitioners under the section 93 of the Gujarat Co-operative Societies Act, 1961; (Annexure-A)

B. Pending admission, hearing, and final disposal of this Petition and be pleased to direct the respondents to maintain status quo as regards the proceedings initiated against the Petitioners;

C. Pending admission, hearing, and final disposal of this Petition and be pleased to stay the operation, implementation and effect of Chargesheet dated 26.08.2025 issued by Ld. District Registrar, Bharuch under Section 93 of the Gujarat Co-operative Societies Act, 1961; (Annexure-I)

D. Be pleased to grant ad-interim relief in terms of Paragraph No.9(B) and/or 9(C) of this Petition.

E. Costs of this Petition be awarded.

F. Such further and other relief, order or direction which may be just, fit, proper and equitable in the facts and circumstances of the Petition.”

4. Brief facts giving rise to the present petition are that, the petitioners herein are members of the Shree Kantha Vibhag Sahkari Mandli Ltd. engaged in manufacturing of Sugar and its bye-products. That, the respondent No.4 issued a Notification/order No PWR-1084-2010-K(1) under Section 3(3) of the Act granting powers to Director of Sugar, Gujarat State all powers of Registrar under the Act. That, the respondent No. 3 superseded all the previous notification/orders under Section 3(3) of the Act. That, the respondent No.1 (Director (Sugar) issued a show cause notice upon the petitioners and other directors, as to why the proceedings under Section 93 of the Act should not be initiated against them for acting against the bye-laws of the society. That, the respondent No. 1 (Director (Sugar) passed an order under Section 93 of the Act appointing the respondent No.2 to initiate inquiry/investigation against the petitioners. That thereafter, the petitioners filed a Revision Application No. 33 of 2025 before the Joint Secretary, Co-operative Societies (Krushi and Sahkar vibhag), Gandhinagar. In the meantime, the Regular Post became vacant on 30.08.2025 and the charge was given to one another Secretary. That, the respondent No.2 issued a notice upon the petitioners directing the petitioners to file an appropriate oral or written representation on 20.05.2025. That, adjournments were sought by the petitioners as the Revision Application was pending adjudication. That, an application was filed before the respondent No. 1 (Director (Sugar) raising issues of bias qua the respondent No. 2 (District Registrar). That, since the Revision Application filed by the petitioners was pending adjudication, the petitioners filed an application before the Joint Secretary, Co-operative Societies, Gandhinagar requesting to pass necessary orders for the early disposal of their Revision Application. That, the petitioners notarized an affidavit stating the suspicious behaviour of the respondent No.2, as they orally informed that no orders will be passed in the Revision Application. That, this Court passed an order in the Special Civil Application No. 8875 of 2025 and Special Civil Application No. 9351 of 2025 dismissing the same. Th