Case Note & Summary
The petitioner, Mrs. Noella Fernandes, was a Director and Secretary of the Infinity Enclave Co-operative Housing Maintenance Society Ltd. (respondent No.2). The Assistant Registrar of Co-operative Societies (respondent No.1) passed an order dated 06/07/2023 disqualifying the petitioner for a period of 4 years from being chosen as a Director and held her ineligible to continue as Secretary. A corrigendum was issued on 08/08/2023. The petitioner challenged these orders by way of a writ petition. The main contention of the petitioner was that the impugned order was passed without any show cause notice or opportunity of hearing, violating principles of natural justice. The court examined the impugned order and found that it did not mention any notice or hearing given to the petitioner. The court held that the order was in gross violation of natural justice and could not be sustained. Consequently, the court quashed and set aside the impugned order dated 06/07/2023 and the corrigendum dated 08/08/2023. The court also set aside the appointment of the Administrator as it was consequential to the disqualification order. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Right of Hearing - Disqualification of Director - Section 27 of the Goa Co-operative Societies Act, 2001 - The Assistant Registrar disqualified the petitioner without issuing any show cause notice or providing an opportunity of hearing - Held that the order is in gross violation of principles of natural justice and cannot be sustained (Paras 7-9). B) Co-operative Societies - Disqualification of Director - Section 27 of the Goa Co-operative Societies Act, 2001 - The petitioner was disqualified for 4 years and held ineligible to continue as Secretary - The court found that the impugned order was passed without any notice or hearing - Held that the order is liable to be set aside (Paras 7-9). C) Co-operative Societies - Appointment of Administrator - Section 73C of the Goa Co-operative Societies Act, 2001 - The Assistant Registrar appointed an Administrator to manage the society - The court noted that the appointment of Administrator was consequential to the disqualification order - Since the disqualification order is set aside, the appointment of Administrator also cannot stand (Paras 10-11).
Issue of Consideration
Whether the impugned order disqualifying the petitioner as a Director and Secretary of the Society for a period of 4 years without giving an opportunity of hearing is sustainable in law.
Final Decision
The court allowed the writ petition, quashing and setting aside the impugned order dated 06/07/2023 and the corrigendum dated 08/08/2023. The appointment of the Administrator was also set aside. Rule made absolute. No order as to costs.
Law Points
- Natural justice
- right of hearing
- disqualification of director
- co-operative society
- Section 27 Goa Co-operative Societies Act 2001
- Section 73C Goa Co-operative Societies Act 2001
