the petitioner that though the hearing could not have been fixed at office of the APMC, Himatnagar, Executive Officer of the petitioner union along with his advocate Shri Nilesh Jani of Ahmedabad had gone to the office of APMC, Himatnagar while respondent no.5 met them in the chamber of the Chairman of APMC, Himatnagar at about 12.00 noon upon reaching there, the petitioner’s advocate Shri Nilesh Jani submitted an application to the respondent no.5 pointing out that the petitioner union had filed present petition before this Court challenging the order dated 26.5.2011 passed in revision application by respondent no.1 as well as the order dated 18.07.2011 passed by respondent no.4Additional Registrar wherein the High Court of Gujarat has issued notice on 13.09.2011. Therefore, it was requested to adjourn the matter. It is the case of the petitioner that respondent no.5 was busy in the election process of APMC, Himatnagar and as such did not hear the matter but he accepted the application for adjournment, however no order has passed in the presence of the petitioner or his advocate. It is the case of the petitioner that at that point of time, neither respondent no.6 nor his advocate were present and in absence of respondent no.6 and his advocate, the respondent no.5 did not take up the matter for hearing. It is the case of the petitioner that the Executive Officer of the petitioner union and his advocate was ready and willing to make submissions but were asked to leave since no one was present on behalf of respondent no.6 and therefore, Executive Officer of the petitioner union and his advocate left the office of the APMC, Himatnagr under the impression that the matter stands adjourned. However, to their shock and surprise, District Registrar, Cooperative Societies, Himatnagar passed the impugned order dated 6.9.2011 refusing to approve the amendment in the bye-laws as per the proposed bye-laws nos. 22/7 and 22/8, which was already approved earlier by order dated 2.05.2008.
