V. AMMAINATHAN PRESIDENT BOARD OF DIRECTORS, THE PONDICHERRY STATE, CO-OPERATIVE UNION LTD. Vs. THE UNION OF INDIA (UOI) UNION TERRITORY OF PONDICHERRY REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATIVE AND ORS.

JUDGEMENT

(1.) THE writ petition is taken up at the request of the writ petitioner with the consent of the respondents.

(2.) THE order challenged in the writ petition is passed by the second respondent, the Registrar of Co -operative Societies on 13.7.1989 exercising his powers under Section 83 of the Pondicherry Co -operative Societies Act superseding the management committee of the society of which the petitioner was the President. The Society is an apex society within the meaning of the Act and the rules. Under Section 32(3) of the Pondicherry Co -operative Societies Act, 1972, which is hereinafter referred to as 'the Act', the Committee shall consist of not less than nine and hot more than twenty one members as the society is classified as an apex society.

(3.) THE said order is challenged by the petitioner mainly on the ground that no opportunity was given to the management committee by the second respondent to explain the position before passing the impugned order and thus principles of natural justice had been violated. It was also the case of the petitioner that the provisions of Section 83(9) of the Act enabling the second respondent to pass an order without notice as prescribed in Sub -section 1(a) of Section 83, will not apply to the facts of this case. It is alleged that in the place of the members who had resigned, the committee had co -opted one person on 10.7.1989, another on 11.7.1989 and three others on 13.7.1989. According to the petitioner, by the co -option of the said five members, the minimum requirement of Section 32(3) of the Act was fulfilled. It is also alleged that the management committee is not guilty of the alleged irregularities.