Case Note & Summary
The petitioner, Terna Matsyavyavsai Sahakari Sanstha Ltd., a fisheries cooperative society, filed a writ petition challenging orders passed by the Assistant Registrar, Deputy Registrar, and the State Minister (Fisheries) under Section 23(1) of the Maharashtra Co-operative Societies Act, 1960. The grievance was that these authorities failed to provide any opportunity of hearing to the petitioner before passing the orders. The petitioner sought quashing of the orders and a direction for fresh consideration after hearing. The respondents, including the State authorities and individual members (respondent Nos.4 to 23), opposed the petition. The court, after hearing arguments, found that the orders were passed without complying with the mandatory requirement of hearing under Section 23(1). The court held that the failure to give an opportunity of hearing vitiated the orders. Consequently, the court quashed the impugned orders and remanded the matter to the Assistant Registrar for fresh decision after affording a reasonable opportunity of hearing to all concerned parties, including the petitioner and respondent Nos.4 to 23. The Assistant Registrar was directed to decide the matter within three months from the date of the order. The civil application was also disposed of.
Headnote
A) Co-operative Law - Natural Justice - Section 23(1) Maharashtra Co-operative Societies Act, 1960 - Opportunity of Hearing - The petitioner society challenged orders of Assistant Registrar, Deputy Registrar, and State Minister which were passed without giving any opportunity of hearing to the society. The court held that the requirement of hearing under Section 23(1) is mandatory and failure to provide it vitiates the orders. The court quashed the orders and remanded the matter for fresh consideration after hearing all parties. (Paras 1-5) B) Co-operative Law - Remand - Section 23(1) Maharashtra Co-operative Societies Act, 1960 - Fresh Hearing - The court directed the Assistant Registrar to decide the matter afresh after giving opportunity of hearing to all concerned parties, including the petitioner society and respondent Nos.4 to 23, within three months from the date of the order. (Para 5)
Issue of Consideration
Whether the orders passed by the Assistant Registrar, Deputy Registrar, and State Minister under Section 23(1) of the Maharashtra Co-operative Societies Act, 1960 are valid when no opportunity of hearing was given to the petitioner society.
Final Decision
The court quashed the impugned orders and remanded the matter to the Assistant Registrar for fresh decision after giving opportunity of hearing to all concerned parties, including the petitioner and respondent Nos.4 to 23. The Assistant Registrar was directed to decide the matter within three months from the date of the order. The civil application was disposed of.
Law Points
- Natural justice
- opportunity of hearing
- Section 23(1) Maharashtra Co-operative Societies Act
- 1960
- quashing of orders
- remand
