Case Note & Summary
The petitioners, M/s. Mount Industrial Estate and others, challenged an order dated 26th September 2006 passed by the Deputy Registrar, Co-operative Societies, K(East) Ward, under Section 145(1) of the Maharashtra Co-operative Societies Act, 1960. The Deputy Registrar held the petitioners guilty of breach of the said provision and imposed a fine of Rs.500/-, also recommending criminal prosecution. The first petitioner is a partnership firm, with the second and third petitioners and the fifth and sixth respondents as partners. The petitioners claimed ownership of certain lands. The court found that the Deputy Registrar did not afford a proper opportunity of hearing to the petitioners before passing the impugned order, violating principles of natural justice. Consequently, the court quashed and set aside the order and remanded the matter back to the Deputy Registrar for fresh consideration after giving the petitioners a reasonable opportunity of being heard. The rule was made absolute accordingly.
Headnote
A) Co-operative Law - Section 145(1) Maharashtra Co-operative Societies Act, 1960 - Conviction and Fine - Natural Justice - The Deputy Registrar convicted the petitioners for breach of Section 145(1) and imposed a fine of Rs.500/- without giving them a proper opportunity of hearing. The court held that the order violated principles of natural justice and was liable to be set aside. (Paras 1-5)
Issue of Consideration
Whether the order of conviction and fine passed by the Deputy Registrar under Section 145(1) of the Maharashtra Co-operative Societies Act, 1960, without affording a proper opportunity of hearing to the petitioners, is sustainable in law.
Final Decision
The court quashed and set aside the impugned order dated 26th September 2006 and remanded the matter back to the Deputy Registrar for fresh consideration after giving the petitioners a reasonable opportunity of being heard. Rule made absolute.
Law Points
- Natural justice
- Right to hearing
- Section 145 Maharashtra Co-operative Societies Act
- 1960
- Conviction without proper opportunity
- Quashing of order
Case Details
2006 LawText (BOM) (12) 18
Writ Petition No. 2951 of 2006
Ms. Madhavi Nalawade for the Petitioner, Mrs. Manish R. Kapadia for Respondent Nos.5 to 6, Mrs. Archana Khan for Respondent No.3, Mr. P.G. Sawant for Respondent Nos.1 and 2
M/s. Mount Industrial Estate & Ors.
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition challenging an order of conviction and fine under Section 145(1) of the Maharashtra Co-operative Societies Act, 1960.
Remedy Sought
Quashing of the order dated 26th September 2006 passed by the Deputy Registrar, Co-operative Societies, K(East) Ward.
Filing Reason
The petitioners alleged that the impugned order was passed without affording them a proper opportunity of hearing, violating principles of natural justice.
Previous Decisions
The Deputy Registrar had passed the order of conviction and fine on 26th September 2006.
Issues
Whether the Deputy Registrar's order under Section 145(1) of the Maharashtra Co-operative Societies Act, 1960, was passed in violation of natural justice.
Submissions/Arguments
The petitioners argued that they were not given a proper opportunity of hearing before the impugned order was passed.
The respondents did not contest the petition on merits.
Ratio Decidendi
An order of conviction and fine under Section 145(1) of the Maharashtra Co-operative Societies Act, 1960, cannot be sustained if it is passed without affording the affected party a proper opportunity of hearing, as it violates the principles of natural justice.
Judgment Excerpts
The Deputy Registrar has held that there was a breach of the provisions of sub-Section 1 of Section 145 of the Maharashtra Co-operative Societies’ Act, 1960.
The impugned order also contains a recommendation to the Joint Registrar to lodge a criminal prosecution.
The First Petitioner is a partnership firm of which the Second and Third Petitioners and the Fifth and Sixth Respondents are partners.
Procedural History
The Deputy Registrar, Co-operative Societies, K(East) Ward passed an order on 26th September 2006 convicting the petitioners under Section 145(1) of the Maharashtra Co-operative Societies Act, 1960 and imposing a fine of Rs.500/-. The petitioners challenged this order by way of a writ petition before the Bombay High Court, which was heard and disposed of on 20th December 2006.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 145(1)
