SHREE JAY SARDAR FRUIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27.12.2018 passed by the respondent No. 1 - Additional Registrar (Appeals), Cooperative Societies, Gujarat State, Gandhinagar in Miscellaneous Application No. 28/2018 by which, the said application for condonation of delay and consequently, the appeal preferred by the petitioner came to be rejected.

(2.) It is the case of the petitioner that the petitioner is registered under the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as, 'the Act') for food and vegetable products. The respondent No. 3 is a registered society under the Act. The respondent No. 4 had changed their purpose by the amendment in by-laws and included purchase and sale. The said amendment was allowed by the District Registrar, Co-operative Societies, Junagadh. Previously, the said amendment was rejected by the Assistant District Registrar, Co-operative Societies, District Panchayat, Junagadh by order dated 22.01.2018. Being aggrieved by the order of amendment, the petitioner preferred appeal before the Additional Registrar (Appeals), Gandhinagar. Initially, the said appeal was returned as it was in English. However, thereafter, the petitioner preferred an appeal in Gujarati along with a delay condonation application. The said delay condonation application was rejected on the ground that the petitioner did not have any locus standi and has not made out sufficient cause for condonation of delay.

(3.) It is contended by the petitioner that the order passed by the District Registrar, Co-operative Societies, Junagadh is ultra vires and without jurisdiction to pass such an order in view of notification of the respondent No. 1 dated 27.11.2018 and in fact, the order was required to be passed by the District Registrar, District Panchayat. The petitioner has also contended that since the order itself is ultra vires, the petitioner has locus standi to file this petition and therefore, the impugned order is required to be set aside. It is also contended that during the pendency of this petition, the District Registrar, Co-operative Societies, Junagadh may be ordered not to accept the nomination of respondent No. 4 at the election of the Agriculture Produce Market Committee (APMC).