S.NAINAR SUNDARAM - (1.) This Letters Patent Appeal is directed against the order of the learned single Judge in Special Civil Application No. 5609 of 1982. The petitioners in Special Civil Application are the appellants herein and the respondents in the Special Civil Application are the respondents herein. For respondents Nos. 1 to 6 there is representation by the Assistant Government Pleader. For respondents Nos. 7 and 8 there is representation by Mr. Shirish J.Joshi.
(2.) The appellants challenge the proceedings under Sec. 80(2) of the Gujarat Co-operative Societies Act, 1961, hereinafter referred to as the Act, dated 17-12-1982, whereunder respondents Nos. 7 and 8 were appointed as the Government nominees in appellant No. 1-Society. The learned single Judge, amongst two contentions, was asked to deal with the contention that the impugned proceedings have come to be passed without appellant No. 1-Society being heard on the question and this violated the principles of natural justice. The learned single Judge found that by express verbalism of Sec. 80(2) of the Act, there is no such obligation cast upon the State Government to hear the concerned Society and the learned single Judge declined to read any such obligation into that provision, as coveted on behalf of the appellants. Before us this contention alone is being put forth in the fore front for the purpose of asking interference at our hands in Letters Patent Appeal. The learned single Judge dismissed the Special Civil Application negativing also the other contention built upon the allegation of mala fides.
(3.) Mr. Harin P. Raval, learned Counsel for the appellant would submit that though there is no express provision adumberated in Sec. 80(2) of the Act enjoining upon the State Government to hear the concerned society before making nominations of the State Government's representatives on the committee of the society under Sec. 80(2) of the Act, yet such an obligation has got to be read into the provision, as laid down by the pronouncement of a Bench of this Court in Amreli District Cooperative Sale and Purchase Union Ltd. and Ors. v. State of Gujarat, [1984 (2)] XXV (2) GLR 1244.;