1. By way of this petition, the petitioners have prayed for following reliefs:-
A) Your Lordships may be pleased to issue a writ of certiorari to vacate the order dated 23.11.2010 passed by the Deputy Secretary (Appeals), Department of Agriculture & Cooperation, Gujarat State in Revision Application No. 197 /2010 (Annexure-A) HC-NIC Page 1 of 5 Created On Tue Jun 07 00:52:49 IST 2016 SCA/16256/2010 2/5 ORDER B) Your Lordships may be pleased to issue a writ of certiorari to vacate the order dated 28.04.2010 passed by the Additional Registrar(Appeals), Co-operative Societies, Gujarat State in Revision Application No.33/99 (Ammexure-E) C) Your Lordships may be pleased to issue a writ of certiorari to vacate the order dated 19.01.2009 passed by the District Registrar of Cooperative Societies (City), Ahmedabad, respondent no.2 herein(Annexure-D).
D) Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay the operation and implementation of the order dated 23.11.2010 passed by the Deputy Director (Appeals), Department of Agriculture & Cooperation, Gujarat State in Revision Application No.197 of 2010 (Annexure-A), order dated 28.04.2010 passed by the Additional Registrar (Appeals), Cooperative Societies, Gujarat State in Revision HC-NIC Page 2 of 5 Created On Tue Jun 07 00:52:49 IST 2016 SCA/16256/2010 3/5 ORDER Application No.33/09 (Annexure-E), order dated 19.01.2009 passed by the District Registrar of Cooperative Societies (City), Ahmedabad, respondent no.2 herein (Annexure-D) E) xxx"
2. The short facts leading to filing of this petition are that on 19.01.2009 the respondent No.2, removed 40 persons from the membership of Ramdevpir Cooperative Housing Society Ltd., Part-I. Out of these 40 persons, 11 members, petitioners herein, have filed Revision Application No. 33 of 2009 before the Additional Registrar(Appeals), against the said order. The said Revision Application was dismissed vide order dated 28.04.2010. Against the said order, the petitioners again filed Revision Application No. 197 of 2010 before the Deputy Secretary (Appeals), Department of Agriculture & Cooperation, Gujarat. The Revision Application was also dismissed by order dated 23.11.2010. Hence, this petition.
committed error in dismissing the appeals filed by the petitioners holding that the respondent No.3's application for removal from the membership maintainable under Section 23 of the Act.
4. I have heard learned advocates appearing for both the parties. Admittedly, the Society had constructed only 13 houses in the society and has thereafter, constructed community Hall and Hostel building. Though the petitioners' claim to have been alloted rooms in the Hostel building, during the inspection it has been found that there are no signatures of the allottess / members of the society acknowledging having received share certificate, Allotment Letter, Possession Letter, etc. It is also an admitted fact that bylaws of the Society have not been followed. It was also found during inspection that at least 15 members had stated that they had never applied for allotment of rooms. Thus, the District Registrar has rightly removed 40 members u/s 23 of the Gujarat Cooperative Societies Act, vide his order dated 19.11.2009 which has been confirmed by the State Government. No case is made out to set aside the concurrent findings of the HC-NIC Page 4 of 5 Created On Tue Jun 07 00:52:49 IST 2016 SCA/16256/2010 5/5 ORDER authorities below. The Petition is devoid of any merits. Hence, the same is dismissed.
[K.S.JHAVERI,J.] pawan HC-NIC Page 5 of 5 Created On Tue Jun 07 00:52:49 IST 2016