Case Note & Summary
The petitioner, Pandurang Tukaram Thakre, claiming to be a member of respondent no. 4 cooperative society, filed a writ petition challenging an order passed by the Hon'ble Minister for Cooperation, Maharashtra. The Minister had allowed a revision application filed by respondent nos. 7, 11, 15, and 23 under Section 154 of the Maharashtra Cooperative Societies Act, 1960. The petitioner contended that the Minister passed the order without giving him a proper hearing and without considering his objections. The High Court, after hearing the parties, found that the Minister's order was passed in violation of principles of natural justice. The court noted that the petitioner was not given an adequate opportunity to present his case, and the Minister failed to consider the material on record. Consequently, the court quashed the Minister's order and remanded the matter back to the Minister for fresh consideration, directing that the petitioner be given a proper hearing. The court also made the rule absolute and disposed of the petition accordingly.
Headnote
A) Cooperative Law - Natural Justice - Revision under Section 154 of Maharashtra Cooperative Societies Act, 1960 - Minister's order quashed for non-compliance with principles of natural justice - The petitioner, a member of the cooperative society, challenged the Minister's order allowing revision without hearing him - Held that the Minister failed to give proper hearing and consider the petitioner's objections, violating natural justice (Paras 3-5).
Issue of Consideration
Whether the order passed by the Hon'ble Minister allowing the revision application under Section 154 of the Maharashtra Cooperative Societies Act, 1960, without giving proper hearing to the petitioner, is sustainable in law.
Final Decision
The High Court quashed the order passed by the Hon'ble Minister and remanded the matter back to the Minister for fresh consideration, directing that the petitioner be given a proper hearing. Rule made absolute. Petition disposed of.
Law Points
- Natural justice
- Hearing opportunity
- Revision under Section 154 of Maharashtra Cooperative Societies Act
- 1960
- Quashing of order without considering objections
Case Details
2017 LawText (BOM) (11) 145
Writ Petition No. 6142/2014
Shri A.S. Deshpande for petitioner; Miss K.R. Deshpande, AGP for respondent nos. 1,3,4 and 5; Shri P.C. Madkholkar for respondent nos. 6,7,8,10,11,12,15,19,20,21 & 23
Pandurang S/o Tukaram Thakre
State of Maharashtra, Through Hon'ble Minister for Cooperation, Department of Cooperation, Marketing and Textiles, Mantralaya, Mumbai-32; Shri. S.S. Pathank; The Director of Sugar, Maharashtra State, Pune; Shri Balaji Sahakari Sakhar Karkhana, Masla Pen, Tq. Risod Distt. Washim through its Liquidator, Shri. Tejrao Baburao Umale; The Commissioner (Sugar) and Special Registrar, Cooperative Societies, Maharashtra State, Pune; Authorized Officer u/s 88, Shri S.P. Maitrewar; Keshav S/o Narayan Patil, @ Babasaheb Dhabekar; Vittahal S/o Konduji Shinde; Shankarrao S/o Pundlik Mitkari; Vasant S/o Gobra Rathod; Parashuram S/o Sitaram Gade; Bhimrao S/o Haibati Kamble; Bhagwantrao S/o Ganpatrao Pawar; Arjunrao Daulatrao Gaikwad; Sunil S/o Keshavrao Patil; Yadav S/o Nimbaji Sarkate; Laxman S/o Sambhaji Kayande; Trymbak Dnyandeo Bonde; Damodar Yeshwant Gote; Bandesing Ramdas Rathod; Bhaskar Nagnath Gundewar; Narayan Sitaram Khedkar; Sau. Vaijabai Bhagwan Gaikwad
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Nature of Litigation
Writ petition challenging the order of the Hon'ble Minister allowing revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960.
Remedy Sought
Quashing of the Minister's order and direction for fresh hearing.
Filing Reason
The petitioner claimed that the Minister passed the order without giving him a proper hearing and without considering his objections.
Previous Decisions
The Hon'ble Minister allowed the revision application filed by respondent nos. 7, 11, 15 and 23 under Section 154 of the Maharashtra Cooperative Societies Act, 1960.
Issues
Whether the Minister's order was passed in violation of principles of natural justice.
Whether the petitioner was given a proper hearing before the order was passed.
Submissions/Arguments
Petitioner argued that the Minister passed the order without giving him a proper hearing and without considering his objections.
Respondents argued in support of the Minister's order.
Ratio Decidendi
The Minister's order was quashed for non-compliance with principles of natural justice as the petitioner was not given a proper hearing and his objections were not considered.
Judgment Excerpts
The petitioner, claiming to be a member of the respondent no. 4/Cooperative Society has challenged the order passed by the Hon'ble Minister by which the revision application filed by the present respondent nos. 7,11, 15 and 23 under Section 154 of the Maharashtra Cooperative Societies Act, 1960 is allowed.
Heard.
Procedural History
The petitioner filed a writ petition in the High Court challenging the order of the Hon'ble Minister allowing revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960. The High Court heard the matter and passed the judgment on 9th November 2017.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 154
