Proper raising of objections and grounds, adherence to procedural requirements, and fair opportunity for all parties to present their case.

JUDGMENT

M S Sonak, J. - Heard Mr.Nitin Sardessai, the learned Senior Advocate who appears along with Mr. Gaurang Panandikar for the Petitioners, Ms.Ankita Kamat, learned Addl. Govt. Advocate for Respondents No.1 and 2 and Mr. Vithal Naik for Respondent No.4.

2. Rule. The rule is made returnable forthwith with the consent of and at the request of the learned Counsel for the parties.

3. The Petitioners challenge the Judgment and Order dated 30/4/2021, made by the Co-operative Tribunal, Goa in Co-operative Appeal No.5/2020, holding that the Returning Officer's order dated 13/6/2019, rejecting the nomination papers of Respondent No.4 seeking election to the Board of Directors of the Sahakar Urban Credit Cooperative Society Ltd. (Society), was improper and setting aside the same. As a consequence, the Cooperative Tribunal (Tribunal) set aside the elections of the Petitioners herein, who are declared elected unopposed and directed Respondent No.1 herein to hold fresh elections in accord with the law, as expeditiously as possible.

4. The Registrar of Cooperative Societies, vide notice dated 30/5/2019, published the program to elect the Board of directors of the Society. The Petitioners and Respondent No.4 filed their nominations within the prescribed period. One Vijay Kudalkar objected to the acceptance of nomination of Respondent No.4 herein on the ground that the said Respondent had failed to attend 3 annual general meetings of the Society during 5 years preceding the election. The objector pointed out that this was a disqualification for being chosen as a director under Section 60(3)(b) of the Goa Cooperative Societies Act, 2001 (said Act). Based on such objection, Respondent No.2-Returning Officer, rejected the nomination papers of Respondent No.4 vide order dated 13/6/2019. The Petitioners were then declared elected unopposed and such result was published vide notice dated 1/7/2019.

5. Respondent No.4 herein, thereupon filed Cooperative Appeal No.5/2020 before the Tribunal, questioning rejection of his nomination papers and the consequent declaration of the Petitioners as elected, unopposed. The Petitioners filed their written submissions to oppose the dispute raised by Respondent No.4. Significantly, in the written submissions filed before the Tribunal, the Petitioners never urged that Respondent No.4 was disqualified for being chosen as a director on another ground i.e. being a voting member of the Society for at least 3 years immediately preceding the year of the election, in terms of Section 60(3)(a) of the said Act. The Petitioners only pointed out how Respondent No.4 was disqualified in terms of Section 60(3) (b) and, therefore, the rejection of nomination papers by the Returning Officer, was legal and valid.

6. Though, no plea based on Section 60(3)(a) of the said Act was ever raised by the Petitioners in their submissions filed before the Tribunal, at the stage of arguments such a plea was orally canvassed. The Tribunal has considered such a plea, but rejected the same, on merits. The Tribunal has also held that the disqualification under Section 60(3)(b) was not attracted and, therefore, the rejection of the nomination papers of Respondent No.4 by the Returning Officer, was illegal and void. Based on this, the Tribunal made the impugned Judgment and Order dated 30/4/2021. Hence, the present Petition.

7. Mr. Sardessai, the learned Senior Advocate for the Petitioners submits that even though Respondent No.4 may have attended 3 annual general body meetings of the Society, the attendance of Respondent No.4 at the 25th Annual General Body meeting held on 18/9/2016 and the subsequent adjourned meeting held on 9/10/2016, could not have been regarded as valid attendance of such an annual general body meeting. He submitted that as per record, the Petitioners had not subscribed to the shareholding of the Society up to 31/3/2016. He submitted that since the meeting, in question, was in respect of the year 2015-16, the attendance of Resp