JENTIBHAI CHITABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CONSIDERING the scope of the controversy between the parties, the petition has been taken up for final hearing and disposal. Rule. The learned advocates appearing for respective respondents waive service.

(2.) THE petition has been filed praying for following reliefs:

(3.) ON 01. 08. 2004, respondent No. 4-Society passed a resolution at the Annual General Meeting held on the said day whereunder the petitioner was expelled from the membership of the Society in exercise of powers under Section 36 of the Gujarat Co-operative Societies Act, 1961 (the Act ). The petitioner had been served a show cause notice on 22. 07. 2004 and the petitioner tendered his reply dated 30. 07. 2004 which came to be considered by the Society at the Annual General Meeting. After the resolution dated 01. 08. 2004, the Society forwarded the resolution to the District Registrar for approval as required by provisions of Section 36 of the Act. Vide Communication / Order dated 06. 10. 2004, the District Registrar accorded his approval. The petitioner went in appeal under Section 153 of the Act before the Additional Registrar (Appeals) Co-operative Societies, Gujarat State. The said appeal, being Appeal No. 157 of 2004, came to be dismissed vide order dated 16. 08. 2005 by the Appellate Authority. The petitioner carried the matter further by way of Revision before the Additional Secretary, Agriculture and Co-operative Department. The Revision Application No. 184 of 2005 came to be rejected vide order dated 22nd May, 2006.