Case Note & Summary
The petitioner, Santosh Tale, a member of the Executive Committee of the Agricultural Produce Market Committee (APMC), Khamgaon, challenged an order dated 24 July 2014 passed by the District Deputy Registrar (Co-operative Societies), Buldhana, superseding the Executive Committee under Section 77(5) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. The petitioner contended that the order was passed without issuing any show cause notice or affording an opportunity of hearing, violating principles of natural justice. The respondents argued that the power under Section 77(5) is administrative and does not require a show cause notice. The Court examined the nature of the power and held that it is quasi-judicial, as it involves determination of facts and affects rights. Relying on the principle that even if the statute is silent, natural justice must be complied with, the Court found that the order was passed in gross violation of natural justice. The Court quashed the order and directed the respondents to proceed afresh after issuing a show cause notice and affording a hearing to the petitioner and other affected members. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Show Cause Notice - Section 77(5) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The District Deputy Registrar superseded the Executive Committee of APMC Khamgaon without issuing any show cause notice or affording an opportunity of hearing to the petitioner, who was a member of the Executive Committee. The Court held that the power under Section 77(5) is quasi-judicial in nature and requires compliance with principles of natural justice, including a show cause notice and opportunity of hearing. The order was quashed and set aside. (Paras 4-6) B) Cooperative Law - Supersession of Committee - Opportunity of Hearing - Section 77(5) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The Court held that even if the statute does not expressly provide for a show cause notice, the quasi-judicial nature of the power mandates adherence to natural justice. The impugned order was passed without any notice, rendering it invalid. (Paras 5-6)
Issue of Consideration
Whether the order of supersession of the Executive Committee of the Agricultural Produce Market Committee, Khamgaon, passed by the District Deputy Registrar without issuing a show cause notice and without affording an opportunity of hearing to the petitioner, is valid in law.
Final Decision
The writ petition is allowed. The impugned order dated 24/07/2014 passed by respondent No.1 is quashed and set aside. The respondents are directed to proceed afresh after issuing a show cause notice and affording an opportunity of hearing to the petitioner and other affected members of the Executive Committee. Rule is made absolute in the above terms. No order as to costs.
Law Points
- Natural justice
- Show cause notice
- Supersession of committee
- Section 77(5) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963
- Opportunity of hearing
- Quasi-judicial order
