Oza, J. - (1.) This appeal is by certificate granted by the High Court of Gujarat under Art. 133 of the Constitution of India by its order dated 6-4-73. The High Court by its order dated 6-4-73 dismissed the petition filed by the appellant questioning the correctness of the order of the Gujarat Co-operative Tribunal.
(2.) The facts necessary for disposal of this appeal are that appellant is a co-operative housing society registered with the Registrar of Co-operative Societies Gujarat under the provisions of the Act. It is alleged that this Society was formed on 2nd May, 1961 with the object of providing housing facilities to its members. Respondent No. 1 Panchal Keshavlal Narbheram was a founder member of this Society along with 11 others. It is alleged that the conduct of respondent No. 1 was found to be detrimental to the interest of the Society and its working and the Society therefore invoked the provisions of S. 36 of the Act, passed a resolution dated 19-6-65 to expel respondent No. 1 from the membership of the Society. A further opportunity to show cause was given to the respondent and on November 28, 1965 the appellant society passed a resolution expelling respondent No. 1 from the membership of the Society.
(3.) This resolution of the Society was duly approved by the Registrar of Societies as required under S. 36 of the said Act on 13-4-66.;