The court emphasized the importance of post decisional hearing and directed the Administrator or Board of Directors to grant the petitioner a hearing and dispose of the disqualification issue within a specified time frame.

JUDGMENT :

M.S. Sonak, J.

Heard learned Counsel for the parties.

2. In this petition, Rule was issued on 11.09.2018 and this petition was directed to be heard alongwith Writ Petition No.901/2018. There is now no dispute that Writ Petition No. 901/2018 stands disposed of on the grounds which may not have any direct bearing on the issues which now survive in this petition.

3. Today, when the matter is taken up for final disposal, with the consent of and at the request of the respective parties, Mr. V. Amonkar, learned Counsel points out that one of the directors who was co-opted in the place of the petitioner has taken up Misc. Civil Application in STA No.3121/2019 seeking intervention. Although, from the application handed over to us, we find that such application was moved only today when we had made it clear that this matter would be taken for final disposal, we allow the intervention, without in any manner accepting the various statements set out in the civil application.

4. Accordingly, the Misc. Civil Application in STA No.3121/2019 which is not on board is taken on board and allowed.

5. In this petition, the petitioner has challenged the vires of certain provisions of the Goa Co-operative Societies Rules, 2003. In addition, the petitioner has challenged the decision of the Board of Directors of the Goa State Milk Producers Union Limited in its meeting dated 09.04.2018 disqualifying the petitioner as the director of the board.

6. Mr. Diniz, learned Counsel for the petitioner without prejudice to the challenges raised in the petition, today submits that the petitioner will be satisfied if the petitioner is offered post decisional hearing in the matter by the administrator who is now appointed to govern the affairs of the society after the supercession of the Board of Directors.

7. Mr. Dessai, learned Counsel appears for the Chief Executive officer of the society i.e. respondent no. 15 and the erstwhile Board of Directors of the society. Mr. Amonkar appears for the director who has been co-opted in the place of petitioner. He submits that the Board of Directors have been superseded and Administrator has been appointed. They point out that such action on the part of the State has already been challenged and the petition in respect of such challenge is due to come up before this Court for admission and interim relief shortly. They point out that the petitioner on one hand challenges the very authority of the Board of Directors to disqualify him and on the other hand, conceals for post disqualification hearing of the Board of Directors, who is nothing but a substitute for Board of Directors. They point out that since the petitioner approbate and reprobate, no relief may be granted to the petitioner.

8. We have perused the minutes of the meeting dated 09.04.2018. Without expressing any opinion, we feel that the interest of justice will be served if the petitioner, is offered post decisional hearing by the Administrator on the issue of his disqualification.

9. No doubt, if in the mean time, the appointment of administrator is stayed, or set aside, such post decisional hearing will have to be given by the Board of Directors. All contentions of the petitioner as well as the other respondents as to the authority of the Administrator or/and the Board of Directors can be kept open and are being kept open to be decided at such post decisional hearing.

10. We accordingly direct the Administrator and/or the Board of Directors to grant the petitioner a post decisional hearing and to dispose of the issue of petitioner's disqualification finally within a period of three months from today.

11. The issue of the Board of Directors affording the petitioner a post decisional hearing will arise only in case the appointment of administrator is stayed or set aside.

12. The petitioner to file appropriate statement/representation within two weeks from today and furnish copies of the same to the learned counsel appearing for the respondents in this Court.

13. The p