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Judgment
Sangeeta K. Vishen, J
Mr Bharat T. Rao, learned advocate appearing for the petitioner, submitted that vide order dated 2.3.2017, the District Registrar, had approved amendment in the bye-laws under the provisions of section 13 of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as the “Act of 1961”). Aggrieved, that the appeal, was filed before the Additional Registrar which, came to be partly allowed vide order dated 16.1.2018 and the matter, was remanded to the District Registrar to decide it afresh. It is thereafter, that the order dated 21. 2.2018, was passed by the District Registrar. It is submitted that in the interregnum, that the petition was filed challenging the order dated 16. 1.2018 so also the order dated 21.2.2018.
It is further submitted that in view of the provisions of clause (17) of Section 2 of the Act of 1961, the Registrar means and includes Additional Registrar or the Joint Registrar and therefore, the District Registrar shall have no powers to decide the amendment to the bye-laws. Mr Bharat T. Rao, learned advocate, further submitted that the State Government, was directed to file an appropriate reply dealing with the contentions, more particularly, as to whether the District Registrar, shall have the powers to be exercised under section 13 of the Act of 1961. It is submitted that though the reply has been filed but, it is silent so far as the powers exercised by the District Registrar, is concerned. It is submitted that let there be a clear affidavit by the State Government indicating as to whether the District Registrar, shall have any powers under the provisions of clause (17) of section 2.
Mr Dipan Desai, learned advocate appearing for the respondent no.5, submitted that apart from the definition of Registrar as contained in clause (17) of section 2 of the Act of 1961, subsection (3) of section 3 of the Act of 1961, empowers the State Government by general or special order, to confer on a person or persons appointed under sub-section (2) all or any of the powers of the Registrar under the Act. It is therefore submitted that there may be the notification or the order passed by the State Government in exercise of the powers conferred under sub-section (3) of section 3 of the Act of 1961.
Ms Nidhi Vyas, learned Assistant Government Pleader urges for some time so as to place it on record the Resolution and/or Notification and/or Order which, might have been passed by the State Government in exercise of the powers conferred under sub-section (3) of section 3 of the Act of 1961, conferring the powers upon the District Registrar the powers of the Registrar.
At her request, let the matter appear on 3.4.2023.