Case Note & Summary
The petitioners, three members of Kendwell Co-op. Housing Society Ltd., were duly elected as office bearers in elections held on 18.01.2023 and declared on 10.02.2023. The Deputy Registrar of Co-operative Societies passed an order dated 06.04.2023 disqualifying them for a period of five years by accepting an inquiry report under Sections 83 and 88 of the Maharashtra Co-operative Societies Act, 1960, but without assigning any reasons. The petitioners challenged this order by way of a writ petition under Article 226 of the Constitution. The court noted that the impugned order merely stated that the Deputy Registrar had accepted the inquiry report and disqualified the petitioners, without any discussion or reasoning. The court held that such an order is a nullity for want of reasons and non-compliance with principles of natural justice. The court set aside the order dated 06.04.2023 and directed the Deputy Registrar to pass a fresh reasoned order after hearing the petitioners, within four weeks from the date of the judgment. The petition was disposed of accordingly.
Headnote
A) Administrative Law - Natural Justice - Reasoned Order - Section 154 Maharashtra Co-operative Societies Act, 1960 - The Deputy Registrar passed an order disqualifying three freshly elected members of the Managing Committee for five years by accepting an inquiry report under Sections 83 and 88 but without giving any reasons. The Court held that the order was a nullity for want of reasons and non-compliance with principles of natural justice, and set it aside. (Paras 2, 4-6) B) Co-operative Societies - Disqualification of Members - Inquiry Report - Sections 83, 88, 154 Maharashtra Co-operative Societies Act, 1960 - The impugned order merely stated that the Deputy Registrar accepted the inquiry report and disqualified the petitioners for five years, without any discussion or reasoning. The Court held that such an order cannot be sustained as it fails to disclose the basis for disqualification and violates the requirement of a reasoned order under Section 154. (Paras 2, 4-6)
Issue of Consideration
Whether an order disqualifying elected members of a managing committee for five years, passed without assigning any reasons and solely based on an inquiry report, is sustainable in law.
Final Decision
The impugned order dated 06.04.2023 is set aside. The Deputy Registrar is directed to pass a fresh reasoned order after hearing the petitioners, within four weeks from today.
Law Points
- Natural justice
- reasoned order
- disqualification of committee members
- co-operative societies
- inquiry report
- Section 83
- Section 88
- Section 154
- Maharashtra Co-operative Societies Act
- 1960
