DINESHBHAI RUGHNATHJI PUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Dipen Desai for the petitioners, learned Assistant Government Pleader Ms. Dhwani Tripathi for respondent No.1-State and learned advocate Mr. S.M.Sojatwala for respondent Nos. 4 and 5.

(2.) By this petition under Article 227 of the Constitution of India, the petitioners have challenged the order dtd. 9/9/2022 passed by respondent No.1-Deputy Secretary (Appeals), State of Gujarat in Revision Application No. 40 of 2022, order dtd. 12/4/2022 passed in Revision Application No. 40 of 2021 by respondent No.2- Additional Registrar (Appeals) order dtd. 23/6/2021 passed by respondent No.3- District Registrar under sec. 77(5) of the Gujarat Co-operative Societies Act,1961 (for short 'the Act,1961'].

(3.) Brief facts of the case are that, respondent Nos. 4 and 5 made a complaint with regard to the Management of the Julie Apartment Co-operative Housing Society Limited of which the petitioners are the members of the Managing Committee of the society elected on 15/12/2019 and on 26/6/2021 when fresh election was declared and petitioner Nos.1, 4 and 5 were elected on 5/7/2021. Pursuant to the complaint made by respondent Nos. 4 and 5, the petitioners were served with the show-cause notice by respondent No.3-District Registrar on 30/9/2020 calling upon the petitioners to submit their explanation with regard to the complaint dtd. 9/3/2020.