Powers of managing committee of Comunidade Fraternal de Aldona restored
The Bombay High Court at Goa quashed the order of the government dissolving the managing committee of the Comunidade Fraternal de Aldona and the resultant order of the Administrator taking over the management of the comunidade.
Two months ago, the State government had dismissed the president and the attorney and also dissolved all the elected members of the managing committee of the Comunidade Fraternal de Aldona.
The High Court upheld the contentions of the petitioners (president and two others) that the principles of natural justice had been violated and they had not been issued a notice nor a hearing before the order was passed.
“If an order adverse to the interest of a party is to be issued, the affected party has to be issued a notice and granted proper hearing before any such order is passed. Apart from the adverse effect of the petitioners being removed from the managing committee of the said comunidade, there is a serious civil consequence that would visit them in the form of a bar to re-election before completing nine years from such dissolution,” the court observed.
“This court is of the opinion that considering the serious consequences that are faced by the petitioners, the impugned communication and order cannot be sustained on the ground of violation of principles of natural justice,” the court added.
With this order, the managing committee of the Comuindade Fraternal de Aldona stands restored.
It may be recalled, the Administrator of Communidades of North Zone, Ulhas Kadam acting on a complaint filed by the components of the Comunidade Fraternal de Aldona had proposed the dismissal of the president under Article 125 (13), suspension of the attorney under Article 74 of the Code of Comunidades and dissolution of the elected members of the managing committee.
Based on the administrator’s recommendation, the Under Secretary (Revenue-I) had dismissed the president and the attorney of the Comunidade Fraternal de Aldona.
The elected managing committee of the comunidade was also dissolved and the Administrator of Comunidade North Zone was directed to look after the administration.
Adv Carlos Alvares Ferreira and Dhaval Zaveri appeared for the petitioners, while government advocate Manish Salkar appeared for the State and the Administrator of Comunidades, senior advocate Subodh Kantak, assisted by Parikshit Sawant and K Ceaser and also advocates Ashwin Bhobe, Annelise Fernandes, Pankaj Pai Vernekar and Raunaq Rao appeared for the components of the Comunidade.