SHIVANAND PEDNEKAR Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and Mr. Pravin Faldessai, learned Additional Government Advocate for the Respondents.

(2.) The challenge in this petition is to the impugned order dtd. 13/8/2019 made by the Registrar of Cooperative Societies purporting to exercise the powers under Ss. 76(A)(1) and 59(11) of the Goa Co-operative Societies Act, 2001 and the Rules made thereunder. By the impugned order, the Petitioner has been disqualified to hold the position of Director of the Goa State Co-operative Milk Producers Union Limited.

(3.) Sec. 76(A) of the Goa Co-operative Societies Act provides that the Registrar may, on the request made by a creditor or federal institution or not less than one-third of the total number of members of the board of directors or not less than one-fifth of the total number of members of a society, or of his own motion, by himself, or by a person duly authorized by him in writing in this behalf, undertake inspection and inquiry into the constitution , working and financial condition of such society and submit a report thereon. Further, Sec. 77(2) of the said Act provides that the Registrar may, of his own motion, and shall, on the application of a Federation to which the society concerned is affiliated or of a creditor to whom the society is indebted or of not less than one-third of the directors, or of not less than one-tenth of the members, cause an inquiry to be made into the specific matter or matters relating to any gross violation of any of the provisions of this Act by the society.