IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.779 OF 2024
(Dr. Neela Gokhale J.)
(D.o.D. 21.04.2026)
MR. NIGEL REYNOLD VAZ … PETITIONERS
VERSUS
ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES AND ORS. … RESPONDENTS
Goa Cooperative Societies Act, 2001 – Section 61 – the impugned order contains no reasoning from the Registrar as to why the Petitioners – Directors were disqualified for not conveying and conducting annual general body meeting of the Society for the maximum period of six years to justify the disproportionate period of disqualification imposed on the Petitioners-Directors in the impugned order .
Held
During the period when the Annual General Meeting was required to be held by the Petitioners – Directors, there was a COVID-19 pandemic in the world, and as such the Petitioners – Directors could not be expected to convene and conduct the said meeting, which required the parties to gather at a particular place. In view of the same, the Registrar ought to have considered these mitigating circumstances and ought not to have disqualified the Petitioners — Directors for a maximum period of six years, as he has done by way of the impugned order.
Moreover, the impugned order contains no reasoning from the Registrar as to why the Petitioners – Directors were disqualified for the maximum period of six years. It is clear that the Registrar has failed to record any reasonable finding or ground to justify the disproportionate period of disqualification imposed on the Petitioners-Directors in the impugned order. There is a serious infirmity in the Order. (para 8 and 9)
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