Case Note & Summary
The petitioner, Mirai Bahuddeshiya Vikas Sanstha, a society registered under the Maharashtra Cooperative Societies Act, 1960, challenged the cancellation of its registration by the respondent authorities. The petitioner contended that the cancellation was effected without any prior show cause notice or opportunity of hearing, thereby violating the principles of natural justice. The respondents, including the State of Maharashtra and other tribal development authorities, did not dispute the lack of notice. The court, after hearing the parties, found that the cancellation was indeed made without following the mandatory procedure of issuing a show cause notice and affording a hearing. The court emphasized that any action affecting the rights of a party must comply with the principles of natural justice. Consequently, the court allowed the writ petition, set aside the impugned order of cancellation, and restored the registration of the society. The court directed the respondents to treat the society as registered and to allow it to function accordingly.
Headnote
A) Cooperative Societies - Cancellation of Registration - Principles of Natural Justice - Section 22 of the Maharashtra Cooperative Societies Act, 1960 - The petitioner society's registration was cancelled by the respondent authorities without any prior show cause notice or opportunity of hearing. The court held that such cancellation is in gross violation of principles of natural justice and cannot be sustained. The court set aside the cancellation and restored the registration. (Paras 3-5)
Issue of Consideration
Whether the cancellation of registration of a society under the Maharashtra Cooperative Societies Act, 1960 without issuing a show cause notice and affording an opportunity of hearing is valid in law.
Final Decision
The court allowed the writ petition, set aside the impugned order of cancellation of registration, and restored the registration of the petitioner society. The respondents were directed to treat the society as registered and allow it to function.
Law Points
- Principles of Natural Justice
- Audi Alteram Partem
- Cancellation of Registration
- Show Cause Notice
- Opportunity of Hearing
