Case Note & Summary
The Petitioner, Mr. Vivekanand Shridhar Pednekar, was the Chairman of Respondent No.4, Sairaj Residency Co-operative Maintenance Society Ltd. He filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 17.06.2025 passed by Respondent No.3, the Assistant Registrar of Co-operative Housing Societies, North Zone, Goa, under Section 123A of the Goa Co-operative Societies Act, 2001. The impugned order declared Respondent No.5 as elected Chairman and Respondent Nos.6 and 7 as elected Secretary and Treasurer respectively. The Petitioner contended that the election process was illegal because only two nomination forms were received, insufficient to constitute a new Managing Committee, and that the existing Committee continued to function. He also alleged that Respondent No.5 unilaterally appointed a Returning Officer without a valid resolution. The Petitioner sought a direction to set aside the order and to grant him a personal hearing. The court heard arguments from Mr. Vibhav Amonkar for the Petitioner, Mr. Manish Salkar for the State respondents, and Mr. Nigel Da Costa Frias for Respondent Nos.4 to 7. The court observed that the impugned order was passed without affording any opportunity of hearing to the Petitioner, violating principles of natural justice. The court set aside the order and remanded the matter to the Assistant Registrar for fresh consideration after giving a personal hearing to all parties. The writ petition was allowed, and the rule was made absolute.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Challenge to order under Section 123A of Goa Co-operative Societies Act, 2001 - Petitioner challenged order declaring election of new office bearers without hearing him - Court held that principles of natural justice require a hearing before such declaration - Order set aside and matter remanded for fresh consideration after hearing all parties (Paras 1-13). B) Co-operative Societies - Election Dispute - Section 123A of Goa Co-operative Societies Act, 2001 - Declaration of election results - Petitioner contended that election process was illegal as only two nominations were received and no valid election was held - Court found that the impugned order was passed without giving opportunity of hearing to the Petitioner - Held that the Assistant Registrar must decide the matter afresh after affording personal hearing to all concerned (Paras 3-13).
Issue of Consideration
Whether the order dated 17.06.2025 passed by the Assistant Registrar under Section 123A of the Goa Co-operative Societies Act, 2001, declaring the election of Respondent Nos.5 to 7 as Chairman, Secretary and Treasurer, was valid and whether the Petitioner was entitled to a personal hearing before such order.
Final Decision
The court allowed the writ petition, set aside the order dated 17.06.2025 passed by the Assistant Registrar, and remanded the matter to the Assistant Registrar for fresh consideration after affording a personal hearing to all parties. The rule was made absolute.
Law Points
- Natural justice
- Right to hearing
- Section 123A Goa Co-operative Societies Act
- 2001
- Articles 226 and 227 Constitution of India
- Election process in co-operative societies
