Case Note & Summary
The petitioner, Brihanmumbai Police Karmachari Sahakari Pat Sanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, filed a writ petition challenging the order dated 14.01.2016 passed by the Minister, Co-operation Department, State of Maharashtra, in Revision Application No.459 of 2015. The revision was filed by respondent No.6, Chandrakant Baburao More, under Section 154 of the Act. The petitioner contended that the impugned order was passed ex parte without any notice to the society, thereby violating the principles of natural justice. The court noted that the order itself did not record that any notice was issued to the petitioner, and the respondents failed to produce any material to show that notice was given. The court held that the order was passed in gross violation of natural justice and could not be sustained. Consequently, the court quashed and set aside the impugned order and remitted the matter back to the Minister for fresh consideration after giving an opportunity of hearing to all parties. The petition was allowed in those terms.
Headnote
A) Co-operative Law - Revision under Section 154 - Natural Justice - The Minister, Co-operation Department passed an ex parte order in revision without issuing notice to the petitioner society - Held that such order is in gross violation of principles of natural justice and cannot be sustained - The order is quashed and set aside (Paras 1-5).
Issue of Consideration
Whether the impugned order dated 14.01.2016 passed by the Minister, Co-operation Department in Revision Application No.459 of 2015 under Section 154 of the Maharashtra Co-operative Societies Act, 1960 is sustainable in law when it was passed without notice to the petitioner society and in violation of principles of natural justice.
Final Decision
The impugned order dated 14.01.2016 passed by the Minister, Co-operation Department in Revision Application No.459 of 2015 is quashed and set aside. The matter is remitted back to the Minister for fresh consideration after giving an opportunity of hearing to all parties. The petition is allowed in the aforesaid terms.
Law Points
- Natural justice
- Right to be heard
- Revision jurisdiction under Section 154 of Maharashtra Co-operative Societies Act
- 1960
- Ex parte order without notice
- Quashing of order for violation of principles of natural justice
Case Details
2023 LawText (BOM) (06) 141
Writ Petition No.1475 of 2017
Mr. Narendra V. Bandiwadekar (Senior Advocate for Petitioner), Ms. V.S. Nimbalkar (AGP for Respondent State), Mr. Bhushan Walimbe (for Respondent No.6)
Brihanmumbai Police Karmachari Sahakari Pat Sanstha Maryadit
State of Maharashtra and others
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Nature of Litigation
Writ petition challenging the order of the Minister, Co-operation Department in revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960.
Remedy Sought
Quashing of the impugned order dated 14.01.2016 passed by the Minister, Co-operation Department in Revision Application No.459 of 2015.
Filing Reason
The impugned order was passed ex parte without notice to the petitioner society, violating principles of natural justice.
Previous Decisions
The Minister, Co-operation Department passed the impugned order in revision on 14.01.2016.
Issues
Whether the impugned order dated 14.01.2016 passed by the Minister, Co-operation Department in Revision Application No.459 of 2015 under Section 154 of the Maharashtra Co-operative Societies Act, 1960 is sustainable in law when it was passed without notice to the petitioner society and in violation of principles of natural justice.
Submissions/Arguments
Petitioner argued that the impugned order was passed ex parte without any notice to the society, violating principles of natural justice.
Respondents failed to produce any material to show that notice was issued to the petitioner before passing the order.
Ratio Decidendi
An order passed in revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960 without notice to the affected party is in gross violation of principles of natural justice and cannot be sustained.
Judgment Excerpts
By the present Petition, Petitioner has prayed for the following relief: 'b) By a suitable writ, order or direction, this Hon’ble Court be pleased to quash and set aside the impugned order dated 14.01.2016 passed by the Hon’ble Minister, Co-operation Department-Respondent No.1 in Revision Application No.459 of 2015 and accordingly the said Revision Application filed by the Respondent No.6 may kindly be dismissed with costs.'
This Petition challenges the legality and validity of order dated 14.01.2016 passed by Respondent No.1 – State in Revision Application No. RVA/2013/459/15-S dated 14.01.2016 under Section 154 of The Maharashtra Co-operative Societies, Act 1960.
Petitioner is a Co-operative Society registered under the said Act.
Procedural History
The petitioner filed Writ Petition No.1475 of 2017 before the High Court of Judicature at Bombay challenging the order dated 14.01.2016 passed by the Minister, Co-operation Department in Revision Application No.459 of 2015 under Section 154 of the Maharashtra Co-operative Societies Act, 1960. The petition was reserved on 01.12.2022 and pronounced on 14.06.2023.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 154
