Bombay High CourtWP/531/2019disposed of

Premanand R. Wadkar., v. The State Of Goa, Rep. Thr. Chief Secretary And 13 ORS.,

2019-07-09Hon'Ble Shri Justice S. C. Gupte,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

1 Wp 531 OF 2019

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 531 OF 2019 PREMANAND R. WADKAR ... Petitioner

Versus

THE STATE OF GOA, REP. THR. CHIEF SECRETARY AND 13 ORS.

... Respondents Mr. Vivek Angelo Rodrigues and Mr. V. Naik, Advocate for the petitioner.

Mr. D.J. Pangam, Advocate General with Mr. Pravin N. Faldessai, Additional Government Advocate for respondents No.1 to 4.

Mr. A.V. Pavithran, Advocate for respondent No.5. Mr. G. Panandikar, Advocate for respondent No.6 to 14. Coram:- S. C. GUPTE & NUTAN D. SARDESSAI, JJ.

Date :- 9th July 2019 P.C.:

This petition makes a grievance about respondent No.2 sitting over a complaint made by the petitioner, who is a Director of respondent No.5- Society, for action against the Directors of the company, who are arrayed as respondents to the petition. The complaint seeks action

2 Wp 531 OF 2019 against these respondents under Section 68(3) of The Goa Co-operative Societies Act, 2001. It is submitted that despite directions passed by the State Government under sub-section (1) of Section 68 in respect of class of societies to which respondent No.5- Society belongs, loans were sanctioned by the respondents - Directors in favour of themselves and their children. It is submitted that for such non-compliance with the directions of the Government, the Registrar is bound to remove the Directors from the board of the respondent-society and declare them to be disqualified, under sub-section(3) of Section 68. It is submitted that the complaint was made on behalf of the petitioner as far back on 27/12/2017 but despite this complaint and a reminder issued on 04/06/2019, no process for disqualification of the Directors has been initiated by respondent No.2- Registrar of Cooperative Societies.

2. Learned Advocate General who appears for respondents No.1 to 4 makes a statement on behalf of respondent No.3

3 Wp 531 OF 2019 before whom this complaint is pending, that the complaint shall be disposed of in accordance with law and after hearing the parties including the petitioner herein within a period of three months from today. The statement is accepted. Respondent No.3 to accordingly keep to the timeline assured by learned Advocate General.

3. The petition is disposed of in the above terms. It is made clear that all rights and contentions of the parties on merits concerning the complaint are kept open. NUTAN D. SARDESSAI, J.

S. C. GUPTE, J.