JUDGMENT :

Jayant Patel, J.

The short facts of the case appears to be that the petitioners are some of the members of Vitthalnagar Cooperative Housing Society at Vodadara (hereinafter referred to as 'the Society' for the sake of convenience). It is the case of the petitioners that about 39 members who were legal heirs of the original members and some other persons have been wrongly admitted by the Society as against original 63 members of the Society. Therefore, it appears that the complaint was made to the District Registrar and the District Registrar in purported exercise of the power under Section 23 of the Gujarat Cooperative Societies Act, (hereinafter referred to as 'the Act') found that these 39 members are wrongly admitted as member with mala fide intention by the office bearers of the Society, therefore, he directed the removal of such 39 members as member of the Society. It appears that those 39 members carried the matter before the Additional Registrar (Appeal) being Revision Appeal No. 63/97. The Additional Registrar found that the exercise of the power under Section 23 of the Act is not in accordance with the Act and the Rules, therefore, he set aside the order of the Di