PANAJI
The High Court of Bombay at Goa has sought the complete record of the transfer of Goa Dairy’s management to the National Dairy Development Board (NDDB), directing the Registrar of Cooperative Societies to place all government orders, agreements and related decisions before it.
The direction came during the hearing of a petition filed by Anup Desai and others seeking elections to the Goa State Cooperative Milk Producers’ Union Ltd (Goa Dairy). The petitioners argued that the electoral process could not be bypassed by transferring the cooperative’s administrative control to an external agency.
The State told the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar on Wednesday that the union’s general body had unanimously resolved on September 30, 2024, to hand over its management and liabilities to the NDDB for two years, extendable by another year, citing the cooperative’s severe financial deterioration.
The government subsequently approved the transfer on August 6 and issued a no-objection order. The following day, the union’s administrator signed a memorandum of understanding with the NDDB.
The court questioned the maintainability of the writ petition, observing that an existing general body resolution could not simply be challenged orally when statutory remedies were available.
“If the validity of the 2024 resolution was being challenged, the grievance has to be properly raised before the Registrar, where the evidence can be examined,” it said.
The petitioners then submitted that the resolution had already been challenged before the Registrar on September 11.
The High Court directed the Registrar to file an affidavit within two weeks, placing on record the August 6 government order, August 7 MoU and all related decisions. The petitioners have been granted one week thereafter to file their rejoinder.
The matter will be heard next on October 7.
