PANAJI
The High Court of Bombay at Goa has directed the Inspector of General Societies/ District Registrar North to decide the notice against the Ashok Naik-led panel of Gomantak Bhandari Samaj within a week.
Disposing of the miscellaneous civil application by the IGS, Justice Valmiki Menezes stated that a separate dispute related to the election dispute must be handled independently. The IGS had sought a four-week extension to decide on the notice issued to the panel on October 28.
The issue began with a complaint alleging an illegal extension of the Executive Committee’s tenure and improper changes to the society’s bylaws.
Five petitioners had earlier challenged an October 14 order by the IGS, which declared the extension granted by the General Body to the Executive Committee’s term as illegal. The order also held that the resolution amending the bylaws was contrary to the provisions of the Societies Regulation Act.
On October 25, the High Court set aside the October 14 order and directed the Registrar to issue a fresh Show Cause Notice based on a complaint dated September 20. The Court instructed the Registrar to consider the parties' arguments and pronounced a new order.
Since the election process for the election of the new Executive Committee had commenced by the time the petition was disposed of, this Court, against the order dated October 25, also observed that the Authority may consider the contentions of the respondents about the notice of election. If the Authority is of the opinion on prima facie grounds that such notice, commencing the election process needs interference, it may pass necessary orders.
A fresh Show Cause Notice was subsequently issued on October 28 to petitioners and 12 other Executive Committee members, returnable by November 4.
The Bench has now directed the Registrar to decide on the October 28 Show Cause Notice within a week, limiting the scope to its specific subject matter.
The Court also clarified that a second Show Cause Notice, issued on November 26 concerning election-related disputes, shall be decided on its own merits after the parties file their replies and an inquiry is conducted by the Registrar independent of the first Show Cause Notice being a separate unconnected cause for proceeding under Section 20A of the Act.
