( 1 ) PETITIONER challenged the order dated Octob 19/10/1979. by the District Registrar Co-operative Societies Mehsana directing to remove the petitioner from membership of Khorsam Khedut Seva Sahakari Mandali Ltd. Khorsam Tal. Chanasma District Mehsana in exercise of his power under sub-sec. (2) of Sec. 23 Gujarat Co-operative Societies Act 1961 (hereinafter referred to as the Act) as according to the District Registrar the petitioner had made false declaration that he was permanent resident of Khorsam village and was entitled to be the member of the said Society and that he was also the member of the Co-operative Society at Chanasma which is permanent place of residence of the petitioner. The challenge to the order is mainly on the ground that the petitioner has not made any declaration much less false declaration and that the District Registrar had no jurisdiction to remove the petitioner from the membership of the Co-operative Society and only the Society can exercise such power. The order is also challenged on the ground of mala fide and on the ground of violation of principles of natural justice.

( 2 ) FOR the appreciation of the contentions of the petitioner the facts are required to be stated in short. Petitioner at the relevant time was the member of the Legislative Assembly and was elected from Chanasma constituency. According to the petitioner he had agricultural lands at village Rutpur but he sold away the lands and hired premises at Khorsam village and was residing at Khorsam village. Petitioner submitted an application for membership of Khorsam Khedut Seva Sahakari Mandali Ltd. on 13/06/1979 and on that very day resolution was passed and he was admitted as member of the said Co-operative Society. Resolution was also passed by the general body of the said Co-operative Society on the same day appointing the petitioner to represent the said Society in Mehsana District Co-operative Bank Ltd. It transpires that Prabhaudas Bechardas Patel resident of Chanasma by application dated 29/06/1979 brought to the notice of the District Registrar that the petitioner was at the relevant time resident of Chanasma town and was the member of the Seva Sahakari Mandali of that town and had become member of Khorsam Khedut Seva Sahakari Mandali Ltd. by making false representation The District Registrar then inquired into the matter and by order dated 2/07/1979 directed the Khorsam Khedut Seva Sahakari Mandali not to implement the said resolution but subsequently cancelled that order on 9/07/1979 The District Registrar then served show cause notice dated 19/07/1979 and called upon the petitioner to submit reply to the show cause notice upto 25/07/1979 The petitioner by application dated 25/07/1979 requested for time to submit the reply but the District Registrar rejected it and therefore the petitioner filed Special Civil Application No. 2204 of 1979 in this Court. This Court issued notice and at the hearing statement was made by the learned Advocate appearing for the respondents and it was agreed to grant time upto 17/08/1979 The petitioner then submitted reply on 16/08/1979 After considering the contentions raised in the reply the District Registrar in exercise of the power under sub-sec. (2) of Sec. 23 of the Act directed the removal of the petitioner from the membership of the Khorsam Khedut Seva Sahakari Mandali. Petitioner has challenged that order.

( 3 ) THE Gujarat Co-operative Societies Act 1961 provides for the qualifications of the members of the Co-operative Society and the removal of the member of the Society in case the member who is not qualified is admitted to such membership. As provided in sub-sec. (13) of Sec. 2 of the Act the person duly admitted to the membership of the Society after its registration is member of such society. The qualification or eligibility criteria for becoming the member of the Co-operative Society is provided in Secs. 22 of the Act and a person competent to contract is eligible