TEJAS BIPINBHAI PATEL Vs. ADDITONAL REGISTRAR

JUDGEMENT

(1.) LEARNED advocate for the petitioner seeks permission to delete petitioner No.1 and also undertakes to file an affidavit of petitioner No.2, who is now the only petitioner, in support of the petition. Permission granted. The amendment to be carried out immediately and the affidavit shall be filed on or before 14.03.2007. The Registry is directed to make consequential amendment in the records.

(2.) IN light of the view that the Court is inclined to take the petition is heard finally with the consent of the learned advocates. RULE. The learned Additional Government Pleader is directed to waive service on behalf of the respondents.

(3.) THIS petition challenges order dated 06.09.2006 made by respondent No.1 whereunder the order dated 10.08.2006 made by respondent No.2 under Section 81 of the the Gujarat Co -operative Societies Act, 1961 (the Act) came to be confirmed. The principal ground, on which the petitioner has assailed the impugned orders, is that the petitioner was not granted opportunity to meet with the case of the respondent authority as the time granted to reply to the show cause notice was inadequate. It appears that on 04.07.2006 respondent No.2 visited the office premises of one Piplav Gram Vikas Sahakari Mandli Limited, a co -operative society of which the petitioner is a member director of the executive committee. During the surprise visit respondent No.2 appears to have found certain discrepancy in the stock of urea fertilizers. As a consequence, on 10.07.2006 notice under Section 81 of the Act came to be issued to all the members of the Manging Committee to tender explanation regarding the deficit of 285 bags of urea fertilizers and such reply was to be tendered on or before 24.07.2006. It appears that some of the members of the Managing Committee requested respondent No.2 to grant time for replying to the show cause notice and the next date fixed was 03.08.2006.