CHELAMESWAR,J. - (1.) C.A NO.14678/2015, C.A. No.1881/2016 & C.A.No.13784/2015 There are three appeals before us - two[1*] of them filed by one Vipulbhai Mansingbhai Chaudhary, ('Chaudhary' hereafter) and the third filed by the State of Gujarat & Others, Civil Appeal No.13784/2015. [1* Civil Appeal Nos.14678 of 2015 and 1881 of 2016]
(2.) The matter arises under the Gujarat Co-operative Societies Act, 1961 (for short 'THE ACT'). The Mehsana District Co-operative Milk Producers Union Ltd. (hereafter 'UNION') is a Society within the meaning of the expression under Section 2(19)[3*] of THE ACT. Chaudhary was elected as its Chairman for a period of three years commencing from 2.5.2011 to 1.5.2014. However, he continued to hold the office beyond the period of three years by virtue of the operation of Section 74C(2) - as it then existed: [3* Section 2(19). "Society" means a co-operative society registered, or deemed to be registered, under this Act;"] "Section 74C(2). When the election of all the members of the committee of any such societies held at the same time, the members elected on the committee at such general election shall hold office for a period of three years from the date on which the first meeting is held and shall continue in office until immediately before the first meeting of the members of the new committee."
(3.) During the continuance of Chaudhary in the office, a show-cause notice was issued on 12.1.2015 (hereafter "Show-Cause Notice-I") by the Registrar4 of the Co-operative Societies (hereafter "the Registrar") purporting to be one issued under Section 76B(1) and (2) of THE ACT calling upon Chaudhary to show cause why he should not be removed from the office for various reasons mentioned therein.5 Chaudhary challenged the said show-cause notice by way of a writ petition. It was dismissed by the Gujarat High Court as pre-mature. The dismissal was confirmed by a Division Bench in a Letters Patent Appeal. Aggrieved, Chaudhary carried the matter to this Court by way of SLP (Civil) No.4668/2015 which was filed on 12.2.2015. [4* Section 2(17) - "Registrar" means a person appointed to be the Registrar of Co-operative Societies under this Act; and includes to the extent of the powers of the Registrar conferred on any other person under this Act, such person and includes an Additional or Joint Registrar;] [5* Though the notice purported to have been issued invoking both sub-sections (1) and (2) of Section 76B, there is no whisper in the said notice regarding the proposal to disqualify Chaudhary for a further period.] ;