Case Note & Summary
The petitioners, members of Models Legacy Co-operative Housing Maintenance Society Limited, challenged the appointment of an Administrator by the Assistant Registrar of Co-operative Societies under Section 77 of the Goa Co-operative Societies Act, 2001. The petitioners contended that the appointment was made without any notice or opportunity of hearing to the managing committee, violating principles of natural justice. The respondents argued that the appointment was necessary due to alleged mismanagement. The court analyzed Section 77 and held that while the Registrar has power to appoint an Administrator, such power must be exercised in accordance with natural justice. Since no notice was given to the committee, the appointment was set aside. The court allowed the writ petition and quashed the impugned order.
Headnote
A) Administrative Law - Principles of Natural Justice - Right to be Heard - Section 77 Goa Co-operative Societies Act, 2001 - Appointment of Administrator - The court considered whether the appointment of an Administrator to a co-operative society without notice to the managing committee violates natural justice - Held that any order appointing an Administrator without hearing the committee is unsustainable as it affects the rights of the elected body (Paras 1-10).
Issue of Consideration
Whether the appointment of an Administrator to a co-operative housing society without affording an opportunity of hearing to the managing committee members is valid in law.
Final Decision
Writ petition allowed. Impugned order appointing Administrator quashed. The court held that the appointment violated principles of natural justice.
Law Points
- Principles of natural justice
- Right to be heard
- Section 77 Goa Co-operative Societies Act
- 2001
- Appointment of Administrator
- Co-operative society management
