9911796707
TMI Blog1987 (2) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... eral meeting held on September 30, 1982, the Balasinor Nagrik Cooperative Bank Limited, the appellant herein, expelled respondent No. 1 Babubhai Shankerlal Pandya from the primary membership of the society under Sub-section (1) of Section 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 Section 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 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is in these terms : 36. Expulsion of members-(1) A society may, by resolution passed by three-fourths majority of all the members present and voting at a general meeting of members held for the purpose, expel a member for acts which are detrimental to the proper working of the society : Provided that, no resolution shall be valid, unless the member , concerned is given an opportunity of representing his case to the general body, and no resolution shall be effective unless it is submitted to the Registrar for his approval and approved by him : Provided further, that the approval or disapproval of the Registrar shall be communicated to the society within a period of three months from the date of such submission, and in the absen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representing his case to the general body and (2) unless it is submitted to the Registrar for his approval and approved by him. Condition No. 2 keeps the resolution for expulsion of a member in abeyance. 5. Just as the first proviso construed in the context of the substantive provision contained in Sub-section (1) of Section 36 of the Act is meant to accept or qualify the power of expulsion of a member conferred in the main enacting part and presumed to be necessary, the second proviso is in the nature of a fetter on the power of the Registrar to accord his approval or disapproval. Such approval or disapproval in terms of the second proviso has to be communicated to the society within a period of three months from the date of submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the two provisos thereto is patently erroneous and cannot be sustained. 6. The result therefore is that the appeal succeeds and is allowed. The judgment and order passed by the High Court dismissing the Writ Petition is set aside. The Writ Petition filed by the appellant is allowed and the impugned order passed by the District Registrar as upheld by the Additional Registrar and the State Government is quashed. We wish to make it clear that nothing in the judgment shall be construed as an opinion touching the validity or otherwise of the resolution passed by the appellant-society under Sub-section (1) of Section 36 of the Gujarat Cooperative Societies Ac,1961 We leave the question to be determined by the appropriate statutory authority, n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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