HASMUKHBHAI THAKOREBHAI PATEL Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) By offering a post-decisional hearing, whether the order under Section 76B of the Gujarat Cooperative Societies Act, 1961, otherwise passed without affording opportunity of hearing, could be saved for its legality, is the issue surfacing in the present controversy.

(2.) The challenge is addressed to order dated 10th October, 2016 passed by District Registrar, Cooperative Societies, Surat-the second respondent herein. The said order passed is in exercise of powers under Section 76B of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as 'the Act'). Thereby the second respondent disqualified the petitioners from the membership of Bardoli Gram Vikas Sahakari Mandli for a period of six years under Section 76B(2) of the Act. The order was passed without hearing, however the petitioners were subsequently called upon by communication dated 04th November, 2016 to give explanation for various issues.

(3.) Noticing the attendant facts, the petitioners were the members of the society elected for five years in April, 2015; they also held the position of the Directors in the year 2007-08. They faced an inquiry in the nature of proceedings under Section 93 of the Act. The Inquiry Officer passed order dated 02nd July, 2016 under Section 96 of the Act fixing the liability of the petitioners as Directors of the society. The allegation against the petitioners was the conduct of investing amount wrongfully in breach of Section 71 of the Act. It appears that Special Civil Application No.8407 of 2016 was filed before this Court in which on 24th August, 2016 this Court directed to stay of all proceedings pursuant to show-cause notice. The petition was, however, subsequently withdrawn by learned advocate for the petitioners on instructions stating that the order was received by the petitioners prior to the order passed by the Court. It further appears that petitioners filed another Special Civil Application No.16193 of 2016 which was permitted to be withdrawn by order dated 29th September, 2016 as by the time Gujarat State Co-operative Tribunal was constituted, before which forum alternative statutory remedy was available.