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2021 Supreme(Bom) 539

M.S.SONAK, M.S.JAWALKAR
Ganpat Gaonkar – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Deepak Gaonkar, Advocate, Manish Salkar, Advocate

JUDGMENT

M.S. Sonak, J. - Heard Mr. Deepak Gaonkar for the Petitioner and Mr. Manish Salkar, Government Advocate for the Respondents.

2. The challenge in this Petition is mainly to the order dated 10th January 2019, made by the Assistant Registrar of Co-operative Societies, Bicholim, disqualifying the Petitioner to continue as the Director on the Board of Directors of Sattari Taluka Farmers Service Co-operative Society Ltd. (Society), by invoking the provisions of Section 60(i)(e) and Section 59(11) of the Goa Co-operative Societies Act, 2001 (said Act).

3. The Petitioner, by amending the Petition has also challenged the inquiry report dated 15th May 2018 submitted by the Senior Auditor/Inspector, which report has been taken into consideration by the Assistant Registrar whilst making the impugned order dated 10th January 2019.

4. Mr. Gaonkar, the learned Counsel for the Petitioner, at the outset, submits that the impugned order dated 10th January 2019 is in breach of the principles of natural justice because the Petitioner was not heard by the Assistant Registrar before making the impugned order. He submitted that the impugned order incorrectly states that the Petitioner was heard and

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