C/SCA/13797/2025 ORDER DATED: 01/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13797 of 2025 ========================================== RAMESHBHAI SOMABHAI GAMIT & ORS. Versus STATE OF GUJARAT & ORS. ========================================== Appearance: MR BAIJU JOSHI(1207) for the Petitioner(s) No. 1 MR. DHRUV D CHALIYAWALA(14081) for the Petitioner(s) No. 1,2,3,4,5,6,7 MR NIKUNJ KANARA AGP for the Respondents ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 01/04/2026 ORDER 1. Present petition is 7led by the petitioners under Articles 226 and 227 of the Constitution of India and under the provisions of the Gujarat Cooperative Societies Act (for short “the Act”) and Rules for quashing and setting aside the original order dated 10.06.2024 passed by the District Registrar, as con7rmed by the Additional Registrar (Appeals) and further con7rmed by the Deputy Secretary (Appeals), Agriculture, Welfare and Cooperation Department, Gandhinagar. 2. It is contended that the petitioners are elected committee of Shri Bhadbhunja Dudh Utpadak Sahakari Mandali Limited situated at Village: Bhadbhunja, Taluka: Uchhal, District : Tapi. That the District Registrar (respondent No.4) issued notice under Section 81 of the Act C/SCA/13797/2025 ORDER DATED: 01/04/2026 7xing hearing on 24.05.2024 and the petitioners sought adjournment to engage an advocate and thereafter the petitioners have 7led an application inter alia contending the fraud committed by the Secretary to which the Secretary 7led reply to the allegations. It is also contended that the petitioners sought for appropriate action against the Secretary and several employees of the society have 7led aEdavits. That without supplying relevant documents referred in the notice and without giving suEcient time, the District Registrar passed an order on 10.06.2024 under Section 81 of the Act not only on the basis of an independent inquiry or investigation but on the report submitted by respondent No.5, which was never supplied to the petitioners. It is contended that subsequently thereafter, on 06.01.2025, the District Registrar suspended the Secretary and administrator continued to pay the Secretary full salary during the suspension and being aggrieved, the petitioners preferred Appeal No. 33/2024 before the Additional Registrar (Appeals) along with the interim injunction application and initially the interim injunction was granted and, thereafter, the same came to be dismissed. It is further contended that against the said dismissal order, the petitioners have preferred Revision Application No.49/2024 before the Deputy Secretary (Appeals), which was rejected and against the rejection, the petitioners have approached this Court. It is contended that the impugned order resulted into severe consequences which cannot be imposed without strict compliance of statutory procedure and hearing. The present petition is 7led on the grounds that the impugned order was passed without jurisdiction and the same is illegal, unjust and arbitrary. 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for the respondents – Authorities. Perused the C/SCA/13797/2025 ORDER DATED: 01/04/2026 material placed on record. 4. Learned Assistant Government Pleader, on instruction, has submitted that within two months, the appeal which was pending before the Additional Registrar (Appeals) is decided and, therefore, the Court may pass appropriate orders. 5. This Court has considered the facts and circumstances of the case and the submissions made by learned counsel for both the sides and the averments made in the petition and perused the impugned order. It is the contention on the part of the petitioners that they petitioners the elected members of Shri Bhadbhunja Dudh Utpadak Sahakari Mandali Limited, who have been illegally removed and respondent No.5 has been appointed as administrator and then petitioners had 7led application against the Secretary and the Registrar has passed an order suspending the Secretary and the Administrator continued to pay him full salary during suspension, against which the petitioners have preferred Appeal No. 33/2024 before the Additional Registrar (Appeals) with interim injunction application and the interim injunction was granted and later on the same was dismissed. Thereafter, the petitioners have preferred Revision Application No. 49/2024 before the Deputy Secretary (Appeals), which came to be rejected and being aggrieved, the petitioners have approached this Court. 6. Considering the factual aspects that the petitioners have challenged the impugned order by 7ling Appeal No. 33/2024, which is at present pending for decision, the respondent – authority may decide an appeal in accordance with law. C/SCA/13797/2025 ORDER DATED: 01/04/2026 7. In view of the above, the petition stands disposed of with a directed to the Additional Registrar (Appeals) to decide Appeal No. 33/2024 as early as possible preferably within a period of two months from the date of receipt of the copy of the writ of this order, after giving proper opportunity to the petitioners as well as all concerns and after considering the averments / contentions of the petitioners in accordance with law and on merits. (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/04/2026 10:43:16