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1989 Supreme(Guj) 3

P.M.CHAUHAN
VIKRAMBHAI DHIRAJIBHAI PATEL – Appellant
Versus
A. S. JOG,district REGISTRAR CO OPERATIVE SOCIETIES,mehsana – Respondent


Advocates Appeared: K.G.VAKHARIA

P. M. CHAUHAN, J.

( 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









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