SHAILESHBHAI GOVINDBHAI PATEL Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) RULE , learned AGP Shri Niraj Ashar waives service of Rule on behalf of the respondent. With the consent of learned advocates, the matter is taken up for final disposal.

(2.) THE petitioner, by filing this petition under Article 226 of the Constitution of India, has challenged the show cause notice issued by the respondent -District Registrar, Cooperative Societies, Vadodara, under Section 76(B) of Gujarat Cooperative Societies Act, 1961 ( the Act for short). The main grounds of challenge made by the petitioner is that the District Registrar has no jurisdiction to issue show cause notice and that unless the order of disqualification of the petitioner was first passed, no proceedings for removal of the petitioner could be initiated by the District Registrar.

(3.) THE petitioner has placed on record the copy of bye -laws of the Baroda District Cooperative Milk Producers Union Limited to point out that the area of operation of the union extends to Tilakwada, which is a Taluka of Narmada District. The petitioner has averred that by virtue of notification dated 21.07.2011 at Annexure:C, it would be the Joint Registrar, who has got power to issue such notice under Section 76(B) and not the District Registrar.