PANAJI
The High Court of Bombay at Goa has set aside the order of the Inspector General of Societies (IGS) declaring the Ashok Naik-led panel of Gomantak Bhandari Samaj illegal while directing the authority to re-hear the matter.
The panel had filed a writ petition challenging the IGS order dated 14 October, arguing that no proper show cause notice was issued to them under Section 20-A of the Societies Registration Act. During the hearing, the petitioners submitted that the District Registrar’s letter dated 20 September requested them to attend and file written submissions, if any, on a complaint. The reply had to be filed on the same day.
Two of the four respondents submitted to the Bench of Justice Bharat Deshpande that, though a show cause notice was issued, it was not properly worded. However, an inquiry was conducted.
“The petitioners carried out amendments to the bye-laws of the society without having proper coram and approval of the members. Due to such an amendment, the petitioners are now trying to start the election process. Such an aspect needs to be considered by the concerned authority while dealing with the complaint,” the respondents stated.
The other two respondents submitted that the opportunity was given to the petitioners to approach the concerned authority with all the documents and evidence for which the hearing was given.
The Bench observed that the letter nowhere disclosed a show cause for the proposed action. “The letters dated 20 September are not at all a show cause notice in terms of Section 20-A of the Act; it only invited the applicant to give their written submissions with regard to complaints received on the same day. This letter nowhere discloses that the concerned authority took cognizance of the said complaint and intended to conduct an inquiry into the allegations made therein. Thus, it appears that the petitioners were made to understand that after the filing of the written submissions, the matter could be considered further in accordance with law,” it said.
The Court ordered the IGS to issue a fresh show cause notice to the petitioners immediately returnable on 4 November, “showing intention to conduct an inquiry and, at the same time, the authority may consider the contention of the respondents with regard to the notice of election.”
The petitioners are also asked to file documents on the new date along with their reply. “This date before the concerned authority is fixed by consent of the parties. The authority shall give a hearing to the parties and decide the complaint preferably within two weeks from 4 November,” the order stated.
