Authority: High Court of Bombay at Goa
Order Date: 1 October 2026
Case Overview
- Petition No. 299/2026 filed by Shri Kashinath Shivram Naik, aged 49, residing at House No. 1015, Khadap Wada, Kumbharjua, Goa, challenging his suspension as Managing Director of the Goa State Co‑operative Marketing & Supply Federation Ltd (Respondent No. 3).
- Respondents: (1) State of Goa through Chief Secretary, (2) Registrar of Cooperative Societies, Government of Goa, and (3) Goa State Co‑operative Marketing & Supply Federation Ltd represented by its Chairman, Committee of Administrators.
- The petition contests two orders: (a) Board of Directors order dated 29 April 2025 suspending the petitioner, and (b) Registrar’s order dated 25 April 2025 directing the Board to suspend the petitioner.
- During proceedings, the Additional Government Advocate informed the Court that the Registrar would issue a notice withdrawing the 25 April 2025 order, rendering that portion of the petition infructuous.
- Evidence placed on record includes the minutes of the Committee of Administrators dated 29 April 2025, showing the suspension decision was taken by the panel of Administrators appointed by the Registrar, not by the Board of Directors.
- The Court noted that elections to a new Board of Directors were held on 4 September 2026; the seven‑member Board assumed charge on 12 September 2026, and therefore any books or documents of the Society during the suspension period (29 April 2025 onward) should be with the newly elected Board.
- A charge‑sheet dated 8 June 2026 was also placed on record, alleging fraud against the petitioner. Earlier, on 14 January 2026, the Registrar had appointed Mrs. Shama J. Arondekar, Registrar of Cooperative Societies (Tech) & DLI‑North, as Inquiry Officer, but no subsequent order appointing an Inquiry Officer for the charge‑sheet was issued.
- The Court examined the minutes of the 29 April 2025 meeting and found no discussion or decision based on the material later used in the charge‑sheet; the decision was solely based on the Registrar’s direction dated 25 April 2025.
- The Court held that the Registrar’s direction exceeded the powers conferred by the Goa Co‑operative Societies Act, 2001, and that the Registrar subsequently withdrew that direction.
Final Outcome
- The Court quashed and set aside the suspension order dated 29 April 2025 issued by the Committee of Administrators, as it was predicated on the now‑withdrawn and ultra‑vires direction of the Registrar.
- The rule is made absolute in terms of the petition’s prayer clauses (a) and (b).
- The judgment clarifies that the newly elected Board of Directors may, after considering the charge‑sheet material, pass any further resolution, including a fresh suspension, in accordance with the by‑laws and provisions of the Goa Co‑operative Societies Act and its Rules.
- The petition is disposed of accordingly.
Topics: Co-operative Governance, Suspension Order