S.H.SHETH - (1.) The petitioner No. 1 is a Co-operative Society. The petitioner No. 2 is its elected President. The petitioners Nos. 3 and 4 are its elected members. On 27th September 1972 an Annual General Meeting of the first petitioner-Society was held. One of the items on the agenda was to fill up three vacancies amongst the members of the Managing Committee of the Society. Vacancies were caused on account of retirement of three members by rotation. On that day business in respect of that item could not be transacted. On 30th October 1972 a meeting of the Managing Committee of the Society was held for considering the steps to be taken in order to have the remainder of the business of the Society transacted. It decided to call a Special General Meeting of the Society on 20th October 1972 and appointed the Election Officer for the purpose of conducting election of three members of the Managing Committee. The notice of Special General Meeting was posted on the notice Board of the Society on the same day. On 20th October 1972 the Special General Meeting of the Society was held. Five nominations were received for three posts. Two nominations were withdrawn and the remaining three candidates were declared elected uncontested. Prior to this election on 7th October 1972 an application was made by one Ishwarlal Ranchhoddas Patel and 40 other persons to the District Registrar stating that the Society had not filled up three vacancies amongst the members of the Managing Committee. The District Registrar informed the applicants that their allegation raised a dispute under sec. 96 touching the management of the Society and that therefore they should file a suit before the Board of Nominees. No such suit was filed.
(2.) After 20th October 1972 the District Registrar appointed one Officer to inquire into the legality of the meeting of the Society held on that day and into the election of three members of the Managing Committee. The officer made the inquiry and submitted his report to the District Registrar. Relying upon that report the District Registrar has set aside the election of the petitioners Nos. 2 tn 4 as members of the Managing Committee of the Society and directed the Society to hold fresh elections.
(3.) It is that order and direction issued by the District Registrar which have given rise to this petition.;