The Supreme Court today directed the Gujarat government to make functional the Gujarat State Cooperative Tribunal by filling up the vacant posts including that of judicial members, which is the bone of contention.
The apex court said the tribunal cannot be allowed to be non-functional and state government's petition challenging the Gujarat High Court directive to fill the position of the President of the tribunal and members of the Board of Nominees can be examined in due course.
"We will examine the state government's appeal but all positions of President, judicial members and members of tribunals must be filled," a bench headed by Chief Justice T S Thakur said.
The High Court had asked the state government to appoint president of the tribunal after consultation with the high court's chief justice.
The High Court order was passed on the petition filed by Gujarat Cooperative Bar Association and others complaining about the absence of a transparent mechanism for resolution of disputes by the registrar's nominee as well as the tribunal.
It was argued that although the state government took a policy decision to appoint the Board of Nominees consisting of retired judges for resolving disputes referred by the registrar, the government had failed to implement such a policy.
The Association had alleged that instead of appointing retired civil judges as members of the board, the state government appointed retired and serving government officers as registrar's nominee.
The High Court order was passed on the review petition after the Association sought re-examination of the 2011 decision turning down their plea.
The High Court had asked the state government to include judicial members with experience not less than five years in the tribunal and Board of Nominees.
