R.K.ABICHANDANI - (1.) The petitioner seeks to challenge the order dated 27.1.1999 passed by the revisional authority under Section 155 of the Gujarat Co-operative Societies Act, 1961, by which the appellate order dated 12.10.1998 was set aside and the resolution of the District Panchayat dated 29.6.1998 was restored.
(2.) By the resolution No. 64 dated 29.6.1998 the respondent No. 5 proposed society was registered under the provisions of Section 9 of the said Act and the application of the petitioner for such registration was rejected. The petitioner had preferred appeal No. 99 of 1998 under Section 153 of the said Act against that Resolution and the Additional Registrar (Appeal) set aside the resolution on the ground that it was passed without hearing the parties and then the decision ought to be taken on merits after hearing the parties. It was also found that the subject was not on the agenda and it was taken up at the instance of the Chairman. This order of remand was challenged by the respondent No. 5 under Section 155 of the said Act in Revision Application No. 8 of 1999 before the State Government. The revisional authority holding that the petitioner not being a registered society was not an affected party and therefore could not have filed an appeal against the order of registration of the respondent No. 5 and further that there was no prayer for remand made in the appeal memo of the respondent No. 5, held that the remand dated 12.10.1998 by the Additional Registrar (Appeals) was not justified. An observation was also made in respect of the resolution dated 24.12.1998 which is said to have been passed after the remand order that there was no record produced to show whether the parties were heard before making that resolution. It was held that the revision application filed against remand order was tenable notwithstanding the fact that after the remand, a resolution came to be passed by the Committee of the District Panchayat.
(3.) The learned counsel appearing for the petitioner submitted that for the purpose of Section 153 which provided for an appeal against the order or decision under Section 4 of the Act, a proposed society would be a person affected if its application is rejected and therefore the revisional authority has committed an error in holding that the proposed society could not have filed the appeal.;