JUDGMENT :

1. These petitions being called for admission are taken up for final hearing and disposal upon the consent of the parties. Accordingly, issue Rule, returnable forthwith. It would be appropriate to set out a few facts as appearing in Writ Petition No. 42 of 2022.

2. The Petitioner is a public Trust constituted under the Deed of Trust dated 12.4.2006 registered with Sub Registrar of Salcete. It is represented by its Chairperson and Trustees in terms of Clause 30 of the Deed. The Petitioner challenges an order dated 28.1.2022 passed by the Assistant Registrar of the Co-operative Society. It pertains to objection/omission of Petitioner to the list of voters of the respondent no.3 Cooperative Society which would have enabled the Petitioner to participate in the Election of the Board of the respondent no.3.

3. The gravamen of the petitioner's grievance is that its name was included in the Society's voters list and therefore enabled to participate in the election by order dated 18.1.2022. This was thereafter reversed on 28.1.2022 without authority in law.

4. In village Curtorim there exists a plot of land comprised of four inter connected parts under survey nos. 330/1 and 330/3 admeasuring about 20350 sq. mts then belonging to one Kudalkar family. The land was purchased by respondent no.3 Society hereinafter "the Society" and was sub divided into 41 plots out of which 38 plots were allotted to Society members for constructing residential houses. In 1998 the Society subscribed to one share bearing no.40 to Shree Shripad Srivallabh Devasthan "the Devasthan" by paying a sum of Rs.100. A share certificate dated 27.1.1989 came to be issued. Two plots bearing nos.1 and 3 were allotted to the Devasthan. A certificate dated 19.10.1988 was issued certifying the allotment of the plots in favour of the Devasthan. Some individuals who were Settlors of the Petitioner Trust constructed a temple on plot no.1 and managed the affairs of the temple through a committee of a persons that they chose. Later it appears that the Devasthan as traditionally known was not qualified to become a member of the Society since they did not meet the criteria under Section 21 sub section 2 of the Goa Co-operative Societies Act 2001.

5. It is contended by Mr. Usgaonkar appearing in support of the Petitioner that in 2006 when these Settlors realised that the Devasthan was not a legal entity and did not qualify for membership, they decided to constitute the Petitioner, a legal entity to manage the affairs of the Temple. Accordingly, the Settlors constituted the Petitioner Trust as a Public Trust with the main object of owning, managing, administering the temple, existing structures and facilities.

6. Out of 38 members of the Society, 18 were Settlors of the Trust. Spouses of three members of the Society also subscribed to the Deed of Trust as Settlors. So also a son of one member subscribed as such Settlor. After executing the Deed of Trust, the Board of Trustees applied to the Executing Committee/ Board of Directors of the Society claiming to be allottees of the two plots for the Trust to be made a member and for placing the record in proper manner and transferring the plots in the name of Petitioner's Trust. On 12.10.2010 at a meeting of Board of Dissectors/ Executing Committee of the society, the Society resolved to transfer share certificate no. 40 to the Petitioner's Trust thereby recognising it as a member of the Society in place of the Devasthan and plot nos. 1 and 3 were also shown as that of the Trust. The resolution refers to “transfer” of the temple from Devasthan to the Trust contending it was only a change of name. This share certificate was endorsed in the name of the Trust and the Society certified the same on 5.11.2010. The Minutes of the Meeting held on 12.10.2010 was later confirmed by the Board of Directors on 26.1.2011 and a resolution to that effect was passed unanimously.

7. Mr. Usgaonkar, learned Counsel appearing for the Petitioner pointed tha