( 1 ) CHALLENGE has been made by the petitioner, a proposed Cooperative Society to the order annexure `g dated 25-6-1998 of District Registrar, Cooperative Societies, Surat District, under which the said authority has declined to register the petitioner-Society under the provisions of the Gujarat Cooperative Societies Act, 1961.

( 2 ) LEARNED counsel for the respondent raised a preliminary objection that the order impugned in this special civil application is appealable under sec. 153 of the Act aforesaid and as such, this petition is not maintainable.

( 3 ) REPLYING to this preliminary objection, learned counsel for the petitioner relying on the decision of the Honble Supreme Court in the case of Champalal vs. I. T. Commissioner, W. B. reported in AIR 1970 SC 645 contended that as it is a case where the petitioner is complaining of infringement of its fundamental rights, the alternative remedy is not taken to be in its way to approach this court directly against this order. It has further been contended that the order of the respondent-authority is wholly perverse and as such this court may not relegate the petitioner to the remedy of appeal. The petitioner has al