- (1.) The short point involved in this appeal by special leave is whether the failure of the Registrar to communicate his disapproval of a resolution passed by a society expelling a member under sub-sec. (1) of sec. 36 of the Gujarat Co-operative Societies Act, 1961 within the period of three months as specified therein, entails in the consequence of rendering the Registrar functus officio.
(2.) By a resolution passed at its general meeting held on September 30, 1982, the Balasinor Nagrik Co-operative Bank Limited, the appellant herein, expelled respondent No. 1 Babubhai Shankerbhai Pandya from the primary membership of the society under sub-sec. (1) of sec. 36 of the Act. On October 6, 1982 the society forwarded a copy of the resolution to the District Registrar as enjoined by the first proviso to sec. 36(1). There was no response from the Registrar for a period of three months, in consequence whereof the society on January 24, 1983 addressed a letter to the District Registrar conveying its view that due to his failure to communicate his disapproval within the period specified, the resolution had become effective. Thereupon the Registrar by his letter dated July 15, 1983 expressed his disagreement with the construction placed by the society on his powers and directed the parties to appear before him on July 25, 1983. On that date the society appeared under protest. On September 19, 1983 the District Registrar passed the impugned order according his disapproval to the resolution passed by the society under sub-sec. (1) of sec. 36 of the Act.
(3.) Aggrieved, the society preferred an appeal to the Joint Registrar. The appeal was decided by the Additional Registrar who by his order dated December 19, 1983 upheld the order passed by the District Registrar. The society filed a revision before the State Government but the State Government by its order dated March 31, 1984 declined to interfere. The society then filed a petition before the High Court under Arts. 226 and 227 of the Constitution challenging the impugned order of the District Registrar as upheld by the Additional Registrar and the State Government. A learned single Judge by his judgment and order dated November 29, 1984 dismissed the writ petition. The society preferred a Letters Patent Appeal against the judgment of the learned single Judge but a Division Bench by its order dated February 20, 1985 dismissed the appeal on the ground that no appeal lay against an order of a learned single Judge on a petition under Art. 227.;