Important Point-When none of ingredients mentioned in proviso of Section 4 exists present case, Registrar could not have refused registration.

K.M. Thaker, J.

1. Heard Mr. Vaghela, learned Advocate for the petitioner, Mr. Niraj Ashar, learned A.G.P. and Mr. Buch, learned Advocate for the respondent No. 4 and Ms. Narsinghani, learned Advocate for the respondent No. 5. The petitioner has taken out present petition against three orders viz. order dated 4-7-2012 (passed by District Registrar respondent No. 3), order dated 3-8-2013 (passed by Additional Registrar (Appeal)) and order dated 27-6-2014 (passed by Deputy Secretary (Appeal)) wherein concurrent findings on issues of facts are recorded and concurrent decisions are arrived at and recorded by three authorities. The petitioner has prayed that the said orders may be set aside.

2. In present petition the petitioner has challenged order dated 27-6-2014 passed by the Deputy Secretary (Appeal) i.e. respondent No. 1 whereby the said authority confirmed the order dated 3-8-2013 passed by the Additional Registrar (Appeal) who vide his order dated 3-8-2013 confirmed the order dated 4-7-2012 passed by the District Registrar.

3. So as to support and justify the relief prayed for in the petition the petitioner has mentioned certain facts. The facts are thus:

"3.1. By order dated 4-7-2012 the District Registrar, after considering the objection by the petitioner, granted registration to the respondent No. 4-Society (which is a Mahila Milk Producers Co-operative Society), and thereafter, Additional Registrar (Appeal) and Deputy Secretary confirmed the said order by the Registrar and rejected the petitioner's objection against registration of respondent No. 4-Society.

3.2. From the details mentioned by the petitioner it has emerged that the petitioner is primary level Co-operative Milk Society which came to be registered in November, 1990. The area of operation of the society is Endala Village.

3.3. The petitioner has claimed that it is functioning since 1990 and until registration in favour of the respondent No. 4-Society came to be granted, it was procuring approximately 5,000 litres milk per day. It appears that somewhere in March, 2012 the respondent No. 4 society submitted a proposal/request for registration as primary milk producing society. The registration was requested for on the ground that it is framed, run and managed by women.

3.4. When the petitioner learnt that the respondent No. 4 has submitted proposal for registration, the petitioner-Society filed objection before the District Registrar and submitted that the said respondent No. 4 may not be registered. So as to support its objection the petitioner-Society relied on the circular dated 7-11-2006.

3.5. Since, the petitioner-Society raised objection against the request for registration made by the respondent No. 4, the District Registrar i.e. respondent No. 3 herein fixed the matter for hearing so as to grant opportunity of hearing to the petitioner and the respondent No. 4-Society. The parties were directed to remain present for hearing on 26-6-2012.

3.6. According to the petitioner the respondent No. 5-Union had given report and opined that the registration of the respondent No. 4-Society will adversely affect the petitioner-Society.

3.7. The District Registrar considered the material on record including the report submitted by the respondent No. 5 and the objection raised by the petitioner, and thereafter, the District Registrar directed that the respondent No. 4-Society may be registered.

3.8. Accordingly, vide order dated 4-7-2012 the respondent No. 3 passed direction to grant registration to the respondent No. 4-Society.

3.9. Feeling aggrieved by the said order dated 4-7-2012 the petitioner-Society preferred appeal under Sec. 155 of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as "the Act") before the Additional Registrar (Appeal) (i.e. present respondent No. 2) and after hearing the parties and considering the material on record, the respondent No. 2 rejected the appeal and confirmed the order dated 4-7-2012 passed by the Deputy Registra