CHORYASI TALUKA DUDH VECHAN KARNARI SAHAKARI MANDLI LTD Vs. SURAT DISTRICT CO OP MILK PRODUCERS UNION

JUDGEMENT

(1.) The petitioner member society and its manager challenge in this petition the order passed by respondent No. 2 District Registrar under the Gujarat Co-operative Societies Act 1961 hereinafter referred to as the Act referring the dispute between the petitioner and respondent No. 1 federal society as per the order at Annexure A dated June 9 1969 to the nominee respondent No. 3 for resolution of that dispute. The petitioner has challenged this order on three grounds:-

(2.) As regards the first question the point is now concluded by the decision of the Division Bench consisting of the learned Chief Justice and D. A. Desai J. in Rasiklal v. Kailasgavri XII G.L.R. 355. The learned Chief Justice speaking for the Division Bench in terms held that the provision of the special machinery of adjudication of their disputes by a domestic forum was justified having regard to the object of the impugned provisions in sections 96 and 98 of the Act. So also the said procedure was justified in its application to other class namely non-members who unlike members officers and servants are outsiders qua the society but the classification made by the Legislature in regard to non-members suffered from a serious infirmity and that infirmity invalidated the classification. Therefore only qua non-members the impugned sec. 96 was held to be ultra vires and void as offending Article 14 of the Constitution. Therefore so far as the petitioner society is concerned and the respondent No. 1 federal society the aforesaid section was clearly intra vires as it provided an adjudication machinery for disputes between the society and its members by domestic forum. That is why the first question was completely concluded so far as this Court is concerned.

(3.) As regards the other two questions the argument has been advanced on the ground that the aforesaid order of the District Registrar was a quasi-judicial order and therefore it must be a speaking order and must be passed by the authority who is not disqualified being a biased authority.