Case Note & Summary
The petitioners, who were members of the Board of Directors of M/s Sapana Garden Co-operative Housing Society Ltd, challenged an order dated 8.1.2015 passed by the Assistant Registrar of Co-operative Societies, North Zone, Mapusa Goa, disqualifying them for a period of 5 years. The society is registered under the Goa Co-operative Housing Societies Act, 2011. The new Board of Directors was elected on 4.6.2014, and the petitioners were among the 9 elected members. The Assistant Registrar passed the impugned order without issuing any show cause notice to the petitioners and without affording them an opportunity of hearing. The petitioners contended that the order was passed in gross violation of principles of natural justice. The respondent did not appear or file any reply. The court examined the record and found that no show cause notice was issued and no hearing was given. The court held that the order was arbitrary and illegal, being violative of natural justice. The court quashed and set aside the order dated 8.1.2015 and allowed the writ petition. No order as to costs.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Goa Co-operative Housing Societies Act, 2011 - Disqualification of Directors - The Assistant Registrar passed an order disqualifying the petitioners for 5 years without issuing any show cause notice or affording opportunity of hearing. The court held that such an order is violative of principles of natural justice and cannot be sustained. The order was quashed and set aside. (Paras 3-5) B) Co-operative Societies - Disqualification of Directors - Goa Co-operative Housing Societies Act, 2011 - The petitioners were members of the Board of Directors of a co-operative housing society. The Assistant Registrar disqualified them for 5 years. The court found that no show cause notice was given and no opportunity of hearing was provided. The order was held to be arbitrary and illegal. (Paras 2-5)
Issue of Consideration
Whether the order of disqualification passed by the Assistant Registrar of Co-operative Societies without issuing show cause notice and without affording opportunity of hearing is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 8.1.2015 passed by the Assistant Registrar of Co-operative Societies, North Zone, Mapusa Goa is quashed and set aside. No order as to costs.
Law Points
- Natural justice
- audi alteram partem
- disqualification of directors
- co-operative societies
- show cause notice
- opportunity of hearing
